Invoking Article 63 of the ICJ Statute, Belgium’s intervention allows a State not directly involved in a case to participate when the interpretation of a convention to which it is a party is in question.
Belgium has filed a formal declaration of intervention in the International Court of Justice (ICJ) case Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), the Court announced on its official X account on Tuesday.
Invoking Article 63 of the ICJ Statute, Belgium’s intervention allows a State not directly involved in a case to participate when the interpretation of a convention to which it is a party is in question.
Any judgment issued by the Court on the matter will be binding on intervening States.
Belgium, a party to the 1948 Genocide Convention, said its intervention focuses on the interpretation of Articles I to VI, with particular emphasis on Article II, which defines the specific intent required for genocide (dolus specialis).
As part of the proceedings, South Africa and Israel have been invited to submit written observations on Belgium’s declaration of intervention, in accordance with Article 83 of the Rules of Court.
Background of the Case
South Africa filed its application against Israel on December 29, 2023, alleging violations of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.
The application included requests for provisional measures under Article 41 of the ICJ Statute. The Court issued an initial order on January 26, 2024 and subsequently indicated additional measures in March and May 2024 following further requests from South Africa.
Intervention Proceedings
Under Article 62 of the ICJ Statute, States may request permission to intervene if they have a legal interest in the case. Article 63 allows non-party States to intervene when a convention they are party to is under interpretation by the Court, making the resulting interpretation binding on them.
To date, several States have intervened or requested permission to intervene, including Colombia, Libya, Mexico, Palestine, Spain, Türkiye, Chile, the Maldives, Bolivia, Ireland, Cuba, Belize, Brazil, and Comoros.
The International Court of Justice is the principal judicial organ of the United Nations. Established in June 1945 under the UN Charter, it began operations in April 1946.
The Court is composed of 15 judges elected for nine-year terms by the UN General Assembly and Security Council. Located at the Peace Palace in The Hague, the ICJ settles legal disputes between States and provides advisory opinions on international legal questions.