‘Special Interest’ – Palestine Seeks to Join South Africa in ICJ Genocide Case against Israel

The ICJ ordered Israel to halt its military operations in Rafah. (Photo: via CIJ_ICJ TW Page)

By Palestine Chronicle Staff  

Palestine submitted an application to the International Court of Justice (ICJ) on Monday, seeking to intervene in South Africa’s genocide case against Israel. 

The application for intervention follows Palestine’s formal declaration, on the same day, that it formally accepted the ICJ’s jurisdiction over disputes related to Article IX of the Genocide Convention, setting the stage for its intervention.

Described as both “cumulative and alternative,” Palestine’s filing reportedly adopts a strategic approach. 

Under Article 62 of the Court’s Statute, Palestine requests permission to intervene, arguing that all states party to the Genocide Convention have a legal interest in ensuring compliance with the convention. 

Therefore, it claims to have a legitimate “interest of a legal nature which may be affected by the decision in the case.”

Additionally, Palestine emphasizes its “special interest” as a particularly affected state, underscoring its unique stake in the proceedings.

Moreover, Palestine has submitted a declaration of intervention under Article 63 of the Statute of the Court. 

This article permits states that are parties to a convention under consideration to intervene in proceedings involving the interpretation or application of that convention.

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Plausible Risk of Genocide

On December 29, the South African government brought the case against Israel before the ICJ, accusing it of “genocidal acts” in its military campaign in Gaza.

Public hearings on South Africa’s request were held on January 11 and 12.

In January, the ICJ called on Israel to avoid actions that could lead to genocide and to facilitate humanitarian access to Gaza. 

A few weeks later, South Africa requested additional measures in response to Israel’s announced intention to attack Rafah, but the court rejected this request.

At the beginning of March, South Africa renewed its request for emergency measures against Israel. 

Later that month, the court ordered Israel to ensure the delivery of “urgent humanitarian aid” to Gaza, in light of “a famine that has begun to spread” in the war-torn Strip.

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Genocide Case

Recently, countries including Libya, Egypt, and Turkiye announced their intention to support South Africa’s lawsuit in the genocide case against Israel in the ICJ.

These hearings are part of an ongoing case in which Israel is accused of genocide. 

It is important to note that the rulings and orders of the ICJ are binding and cannot be appealed, although the court has no enforcement mechanism. 

However, an order against a country can damage its international reputation and set a legal precedent.

Ongoing Genocide

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7. 

According to Gaza’s Ministry of Health, 36,479 Palestinians have been killed, and 82,777 wounded in Israel’s ongoing genocide in Gaza starting on October 7.

Moreover, at least 7,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip. 

Palestinian and international organizations say that the majority of those killed and wounded are women and children.

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The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children. 

 The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.

 Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire’.

(PC, Anadolu)

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1 Comment

  1. Very smart! This shows who has the brains in Gaza. The clowns controlling
    ” Israel ” could never match this ingenuity. Hence, their loss in this
    ” war ” .

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