Twelve countries have announced their intention to join South Africa’s complaint, which accuses Israel of “genocide” in the Gaza Strip, before the International Court of Justice (ICJ).
Most recent, May 6, Spain is the third European country to make this announcement, after Belgium and Ireland.
South Africa filed its complaint on December 29, 2023 before the ICJ, the United Nations tribunal responsible for settling disputes between states. Pretoria accuses Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide in its military assault on Gaza.
The offensive destroyed large parts of the Palestinian enclave, killed more than 36,000 civilians and led to massive population displacements. Lack of access to international humanitarian aid is also behind the famine threatening Gaza, according to UN reports.
On May 24, the Court ordered Israel to “immediately stop its military offensive” in the town of Rafah, south of Gaza. So far, Israel has not complied with this decision.
Spain joins 11 other countries that want to take part in the trial
Spain thus joins 11 other countries which have announced or filed a “declaration of intervention” in the case before the ICJ, in order to become a party to the trial.
Among them, the NicaraguathereColombiaTHEMexicothereLibya and thePalestine have filed a formal application and are waiting for approval from the International Court of Justice in The Hague, Netherlands.
Others took a political stance by announcing their intention to take part in the trial in support of South Africa, such as Belgium, Turkey, Egypt, Maldives, Ireland, Chile and now Spain. But their statements of intervention must still be filed with the ICJ.
- Nicaragua: intervention request submitted on February 8, 2024
- Belgium: intention declared on March 11
- Ireland: intention declared on March 27
- Colombia: request for intervention submitted on April 5
- Turkiye: intention declared on May 1
- Libya: request for intervention submitted on May 10
- Egypt: intention declared on May 12
- Maldives: intention declared on May 13
- Mexico: request for intervention submitted on May 28
- Chile: intention declared on June 2
- Palestine: request for intervention submitted on June 3
- Spain: intention declared on June 6
The Belgian approach to participation in the trial
As a signatory to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, Belgium announced, through its Minister of Foreign Affairs, that it would provide the ICJ with its interpretation of the concept of genocide .
Hadja Lahbib, the Belgian Minister of Foreign Affairs, declared on March 11 that “Belgium’s foreign policy must continue to distinguish itself as a fervent defender of respect for international law, and it is in this spirit that I request an intervention . Because there cannot be double standards when it comes to human life.”
Several forms of intervention in this trial
Two forms of intervention are possible under the statute of the ICJ, as provided for in its Articles 62 and 63. If a country other than the original parties demonstrates an interest of a legal nature in a given case, it can request to become party to the trial under Article 62 of the Statute of the Court. So far, Nicaragua and Palestine requested this authorization in the “South Africa v Israel” case.
The other form of intervention is linked to Article 63 of the Court’s statute, concerning “the interpretation of a convention to which States other than those concerned by the case are parties” (in occurrence, the Genocide Convention). Any State signatory to the Convention has the right to intervene in the procedure. If a State makes use of this right, the Court’s judgment will be binding on it. There Colombia, Libya, Mexico and Palestine filed declarations of intervention under Article 63.
In its declaration to the ICJ, Colombia states in particular that the Genocide Convention is “a cardinal instrument of international law”. This country maintains that the case “raises vital questions concerning the interpretation and application of several provisions of the Genocide Convention”.
Pursuant to Article 83 of the Rules of Court, South Africa and Israel were invited to submit written observations on these requests for intervention. None have yet been approved by the ICJ.
USEFUL LINKS
