Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

THE HAGUE, 13 September 2024. Yesterday, Chile, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).

Pursuant to Article 63 of the Statute, whenever the construction of a convention to which States other than those concerned in the case are parties is in question, each of those States has the right to intervene in the proceedings. If they do so, the construction given by the judgment of the Court will be equally binding upon them.

In availing itself of the right of intervention conferred by Article 63, Chile relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). Chile considers the construction of Articles I, II, III, IV, V, VI and IX of the Genocide Convention to be in question in the present case. In its declaration, it sets out its interpretation of these provisions.

In accordance with Article 83 of the Rules of Court, South Africa and Israel have been invited to furnish written observations on Chile’s declaration of intervention.

The full text of Chile’s declaration of intervention is available on the Court’s website.

History of the proceedings

On 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.

Provisional measures
The Application also contained a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court. The Applicant requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”. On 26 January 2024, the Court delivered its Order on South Africa’s request.

On 6 March 2024, South Africa submitted a request for the indication of additional provisional measures and/or the modification of the Court’s Order of 26 January 2024. On 28 March 2024, the Court indicated additional provisional measures.

On 10 May 2024, South Africa submitted a further request for the modification and the indication of provisional measures. By an Order dated 24 May 2024, the Court reaffirmed its previous provisional measures and indicated new provisional measures.

Intervention proceedings
On 23 January 2024, Nicaragua, referring to Article 62 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene “as a party” in the case.

On 5 April 2024, Colombia, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On 10 May 2024, Libya, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On 24 May 2024, Mexico, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On 31 May 2024, the State of Palestine, invoking Articles 62 and 63 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene and a declaration of intervention in the case.

On 28 June 2024, Spain, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On 7 August 2024, Türkiye, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

Earlier press releases relating to this case are available on the Court’s website.

Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.

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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Email: [email protected]

Source : ICJ