The Hague: Europe and the Arabs

The International Court of Justice in The Hague, Netherlands, announced that Namibia, the United States, Hungary, and Fiji have submitted declarations of intervention to the Court Registry, pursuant to Article 63 of the Statute, in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (brought by South Africa against 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 these States has the right to intervene in the proceedings. If a State exercises this right, the interpretation it provides is also binding upon it. In exercising the right of intervention provided for in Article 63, each State 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"). In accordance with Article 83 of the Rules of Procedure of the Court, South Africa and Israel were invited to submit written observations on the declarations of intervention. According to a statement issued by the Court, a copy of which we received, on 29 December 2023, South Africa submitted a request to initiate 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.

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

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 to amend the Court's decision of 26 January 2024.

On 28 March 2024, the Court imposed additional provisional measures. On 10 May 2024, South Africa submitted a further request to amend the decision and refer to the provisional measures. By order of 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 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 provided 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, 5 April 2024); Libya (under Article 63 of the Statute, 10 May 2024); Mexico (under Article 63 of the Statute, 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 10 January 2025); Belize (pursuant to 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); Belgium (by Article 63 of the Statute, on 23 December 2025); Paraguay (by Article 63 of the Statute, on 3 March 2026); and the Netherlands and Iceland (by Article 63 of the Statute, on 11 March 2026).

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.