The Hague: Europe and the Arabs

A statement issued by the International Court of Justice in The Hague, Netherlands, said that Paraguay, invoking Article 63 of the Statute of the Court, submitted a declaration of intervention to the Registry in the case concerning the 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 interpretation of a Convention to which States other than the States concerned are parties is in question, each of those States has the right to intervene in the proceedings. If a State exercises this right, the interpretation provided by the Court's judgment will be equally binding upon it.

In seeking to exercise its right of intervention under Article 63, Paraguay relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 (the "Genocide Convention"). Paraguay considers that "Articles I, II, III, IV, V, and VI of the Genocide Convention are subject to debate" in this case, focusing particularly on Article II of the Convention. In accordance with Rule 83 of the Rules of Procedure of the Court, South Africa and Israel were invited to submit written observations on the declaration of intervention.

History of the Proceedings
On 29 December 2023, South Africa submitted a request to commence proceedings against Israel
concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide with respect to Palestinians in the Gaza Strip.

Provisional Measures
The request also included a request for provisional measures, pursuant to Article 41 of the Statute of the Court and Rules 73, 74, and 75 of the Rules of Procedure of the Court.

On 26 January 2024, the Court issued its decision on South Africa’s request.

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

On 28 March 2024, the Court issued additional provisional measures. On 10 May 2024, South Africa submitted a further request to amend the decision and refer to provisional measures. By order of 24 May 2024, the Court reaffirmed its previous provisional measures and referred to new provisional measures.

Intervention Proceedings
Article 62 of the Statute allows a State to request permission to intervene in a case between other States and thus participate in the proceedings when it considers that it has a legal interest that may be affected by the Court’s decision in that case. Article 63 gives States not party to a dispute the right to intervene in a case when that case concerns the interpretation of a treaty to which they are also parties; and the interpretation of the relevant parts of that treaty given by the Court in its decision in the case is equally binding on those States. To date, the following States have submitted a request 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 (pursuant to Article 63 of the Statute, on 24 May 2024); Palestine (pursuant to Articles 62 and 63 of the Statute, on 31 May 2024); Spain (pursuant to Article 63 of the Statute, on 28 June 2024); Turkey (pursuant to Article 63 of the Statute, on 7 August 2024); Chile (pursuant to Article 63 of the Statute, on 12 September 2024); Maldives (pursuant to Article 63 of the Statute, on 1 October 2024); Bolivia (pursuant to Article 63 of the Statute, on 8 October 2024); Ireland (pursuant to Article 63 of the Statute, on 6 January 2025); Cuba (pursuant to Article 63 of the Statute, on 13 January 2025). Belize (by Articles 62 and 63 of the Statute, on 30 January 2025); Brazil (by Article 63 of the Statute, on 17 September 2025); Comoros (by Article 63 of the Statute, on 29 October 2025); and Belgium (by Article 63 of the Statute, on 23 December 2025).

The International Court of Justice is the principal judicial organ of the United Nations. It was established by the Charter of the United Nations in June 1945 and began its work in April 1946. The Court is composed of 15 judges elected by the General Assembly and the Security Council for nine-year terms.