BELGIUM has formally intervened in the landmark genocide case before the International Court of Justice concerning Israel’s conduct in Gaza, the court has announced.
The intervention makes Belgium the 15th country to join the proceedings that South Africa initiated against Israel nearly a year ago, alleging violations of the Genocide Convention in relation to Palestinians in the Gaza Strip.
Belgium invoked Article 63 of the court’s statute, which allows countries that are parties to a treaty under examination to intervene in cases involving that treaty’s interpretation. Under this provision, the court’s eventual ruling on the Genocide Convention’s meaning will be binding on Belgium.
Belgium’s declaration zeroes in on Article II of the 1948 Genocide Convention, particularly the interpretation of “specific intent” required to establish genocide, known legally as dolus specialis or genocidal intent.
The country contends that the construction of multiple articles of the convention – including Articles I through VI – is at stake in the case, but has chosen to concentrate its intervention on this crucial question of intent.
South Africa filed the original application on December 29, 2023, triggering a cascade of international legal activity. The ICJ has already issued three sets of provisional measures ordering Israel to take steps to prevent genocide and ensure humanitarian access to Gaza.
Countries that have intervened include major Latin American nations like Brazil, Mexico, and Chile, Middle Eastern states including Turkey and Palestine, European countries such as Spain and Ireland, and several smaller nations.
Both South Africa and Israel have been invited to submit written observations on Belgium’s intervention under the court’s rules.
The case represents one of the most significant international legal challenges in recent years, with the court’s eventual ruling on the Genocide Convention’s interpretation set to have far-reaching implications for international humanitarian law.
