ICJ: Application Of The Convention On The Prevention And Punishment Of The Crime Of Genocide In The Gaza Strip (South Africa V. Israel).

Hague; March 2026: On Wednesday 11 March 2026, the Netherlands, 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).

On the same day, Iceland also filed a declaration of intervention in the same case under Article 63 of the Statute of the Court.

Pursuant to that Article, whenever the construction of a convention to which States other than those concerned in the case are parties is in question, each of these States has the right to intervene in the proceedings. If a State exercises this right, the construction given by the judgment of the Court will be equally binding upon it.

In availing themselves of the right of intervention conferred by Article 63, both the Netherlands and Iceland rely on their status as parties to the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 (the “Genocide Convention”).

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

HISTORY OF THE PROCEEDINGS –

On 29th 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. 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:

Article 62 of the Statute allows a State to seek permission to intervene in a case between other States, and thereby participate in the proceedings, when it considers that it has an interest of a legal nature which may be affected by the decision of the Court in that case. Article 63 affords States not parties to a dispute the right to intervene in a case when that case concerns the construction of a convention to which they are also parties; the interpretation of the relevant parts of that convention given by the Court in its decision in the case will then be equally binding on those States.

To date, the following States have filed an application for permission to intervene under Article 62 of the Statute or a declaration of intervention under Article 63 of the Statute:

• Colombia (under Article 63 of the Statute, on 5 April 2024);
• Libya (under Article 63 of the Statute, on 10 May 2024);
• Mexico (under Article 63 of the Statute, on 24 May 2024);
• Palestine (under Articles 62 and 63 of the Statute, on 31 May 2024);
• Spain (under Article 63 of the Statute, on 28 June 2024);
• Türkiye (under Article 63 of the Statute, on 7 August 2024);
• Chile (under Article 63 of the Statute, on 12 September 2024);
• Maldives (under Article 63 of the Statute, on 1 October 2024);
• Bolivia (under Article 63 of the Statute, on 8 October 2024);
• Ireland (under Article 63 of the Statute, on 6 January 2025);
• Cuba (under Article 63 of the Statute, on 10 January 2025);
• Belize (under Articles 62 and 63 of the Statute, on 30 January 2025);
• Brazil (under Article 63 of the Statute, on 17 September 2025);
• Comoros (under Article 63 of the Statute, on 29 October 2025);
• Belgium (under Article 63 of the Statute, on 23 December 2025); and
• Paraguay (under Article 63 of the Statute, on 3 March 2026).

Team Maverick.