THE HAGUE, June 28, 2024 — Spain has filed a declaration of intervention at the International Court of Justice (ICJ) concerning the ongoing case of alleged genocide in the Gaza Strip, a dispute initially lodged by South Africa against Israel.
Spain’s intervention, citing Article 63 of the ICJ’s Statute, underscores the broader implications of the legal interpretations of the Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention. This legal maneuver allows Spain, as a party to the Genocide Convention, to engage in the proceedings, ensuring that the court’s interpretation will also bind Spain.
In availing itself of the right of intervention conferred by Article 63, paragraph 2, Spain relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). In its declaration, Spain states that the Genocide Convention is a crucial instrument in international law for the prevention and punishment of genocide.
“is not only a criminal law treaty. It also contains elements clearly linked to the protection and safeguarding of fundamental values and principles of international law, including the protection of human dignity and the principle of accountability, and imposes substantive obligations on Contracting Parties that go beyond ensuring the criminal prosecution of the crime of genocide.” stated a spokesperson from the Spanish Ministry of Foreign Affairs.
This judicial episode began when South Africa filed an application with the ICJ on December 29, 2023, accusing Israel of breaching its obligations under the Genocide Convention regarding the treatment of Palestinians in Gaza. The application included a request for provisional measures aimed at preventing further alleged violations pending the case’s outcome, which the court addressed earlier this year.
Since then, the complexity of the case has deepened with interventions from other nations such as Nicaragua, Colombia, Libya, Mexico, and most recently, the State of Palestine, all citing various interests and concerns related to the Genocide Convention and broader international legal principles.
The ICJ has invited both South Africa and Israel to submit their observations on Spain’s recent intervention, a process that adds another layer of international scrutiny to the already intricate legal and diplomatic proceedings.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations.
