CounterVortex

Chile filed a declaration of intervention Sept. 13 in South Africa’s genocide case against Israel before the International Court of Justice (ICJ). The South American country submitted its declaration under Article 63 of the Statute of the ICJ, which gives states a right to intervene in the interpretation of a multilateral convention. Chile’s intervention focuses on the duty to prevent and punish genocide under the Genocide Convention.

First, Chile challenges Israel’s claim that the ICJ lacks jurisdiction over Gaza, arguing that a dispute exists when “two sides…hold clearly opposite views concerning certain international obligations.” It also contends that the erga omnes partes character of the Convention allows any state party to hold another state party accountable for violations, making Israel’s argument about the lack of “bilateral interactions” with South Africa irrelevant.

Chile also asserts, which the ICJ’s provisional measures have similarly held, that Palestinians are a protected group under the Convention. Chile’s submission acknowledges that genocidal intent involves the specific aim to physically or biologically destroy such a group, and that such intent may be difficult to prove. However, it states that the “lack of direct evidence” of such intent “is not necessarily an impediment to a finding of genocide.”

On the duty to prevent genocide, Chile contends that Article I of the Convention imposes on Israel a “due diligence obligation” to prevent genocide, and that Israel should be held accountable if it fails to take effective measures, regardless of whether genocide has occurred. Chile also stated that Israel must be aware of the serious risk that genocidal acts might be committed from the provisional measures ordered by the ICJ.

Chile also maintains that the duty to punish genocide extends to the temporary holder of occupied territories. To hold otherwise would frustrate the purpose of the Convention and exempt Israel from fulfilling its obligations, as the occupying power of Gaza, as defined under the Fourth Geneva Convention.

Lastly, Chile calls on the ICJ to assess whether public statements made by several Israeli authorities amounted to direct and public incitement to genocide. The submission highlights the use of dehumanizing language by Israeli officials and the importance to assess them in the cultural context. Chile contends that failure to punish all individuals responsible for direct and public incitement to commit genocide breaches the state’s obligation under the Convention.

After Chile filed its declaration, the ICJ invited South Africa and Israel to submit observations on Chile’s declaration.

South Africa initiated the case in December 2023, accusing Israel of violating the Genocide Convention during military operations in Gaza. Since then, the ICJ has issued multiple provisional measures ordering Israel to prevent genocide in the Gaza Strip.

Several countries, including Nicaragua, Colombia, Libya, Mexico, Palestine, Spain and Turkey  have already filed their declarations of intervention. Egypt also announced its intention to intervene in May 2024.

From Jurist, Sept. 13. Used with permission.

See our last reports on genocide accusations against Israel, and genocidal rhetoric from Israeli officials.

Photo: ICJ