Belgium has formally requested to join South Africa’s case against Israel at the International Court of Justice (ICJ), alleging violations of the Genocide Convention in Gaza. The ICJ, the highest court of the United Nations, confirmed Belgium’s application to intervene under Article 63 of the Court’s Statute.
According to a statement from the ICJ, based in The Hague, Netherlands, Belgium’s intervention will focus on the interpretation of “intent to destroy,” as outlined in Article II of the Genocide Convention. Belgium, which has recognized the State of Palestine and imposed sanctions on Israeli officials, is particularly interested in the specific interpretation of the ‘specific intent’ requirement to prove genocide.
South Africa initially filed its case against Israel on December 29, 2023, accusing the country of breaching its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide in its actions against Palestinians in Gaza. Several nations, including Turkey, Brazil, Colombia, Ireland, Mexico, and Spain, have since joined the suit, amid widespread public and official condemnation of Israel’s actions.
In a landmark ruling issued in January 2024, following the October 7th attacks and the commencement of Israel’s military operation in Gaza, the ICJ instructed Israel to refrain from any actions that could fall under the definition of genocide. The court warned of a “real and imminent risk” of “irreparable prejudice” to Palestinians.
The ICJ issued provisional measures, legally binding orders, requiring Israel to facilitate the provision of humanitarian aid to Gaza and to prevent and punish incitement to genocide. Israel has so far failed to implement these orders, despite their legally binding nature.
While the ICJ deals with disputes between states, the International Criminal Court (also in The Hague) focuses on individual criminal responsibility.
DZWatch will continue to monitor this developing situation.
