Iceland, Netherlands join ICJ genocide case against Israel

BRUSSELS

The Netherlands and Iceland have filed declarations of intervention in the genocide case brought by South Africa against Israel at the International Court of Justice (ICJ), the court announced Thursday.

Both countries submitted their declarations on Wednesday under Article 63 of the court’s statute in the case titled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, initiated by South Africa against Israel.

The interventions are based on their status as parties to the Convention on the Prevention and Punishment of the Crime of Genocide, which allows states to intervene when the interpretation of a convention to which they are party is at issue.

In its declaration of intervention, the Netherlands highlighted that the forcible displacement of civilians could constitute an act of genocide or lead to genocidal acts and may play an important role in determining genocidal intent.

The declaration also stressed that acts committed against children should be assessed differently, noting that crimes targeting children could be significant in establishing genocidal intent.

The Netherlands further pointed out that genocidal acts may take the form of starvation and the deliberate withholding of humanitarian aid, emphasizing that such actions could also be key factors in determining genocidal intent.

In its declaration, Iceland argued that the determination of genocidal intent should not be limited to situations where genocide is the only reasonable inference from the acts committed.

Instead, Iceland said, the existence of other possible intentions alongside genocidal intent should not prevent the court from determining that genocide has occurred.

The declaration also emphasized that attacks against children, particularly acts involving torture and mental harm, should be carefully examined.

South Africa filed the case at the ICJ on Dec. 29, 2023, accusing Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide.

Due to the urgent humanitarian situation in Gaza, South Africa requested the court to indicate provisional measures.

The court issued three orders on Jan. 26, March 28, and May 24, 2024, requiring Israel to take all necessary measures to prevent acts falling under Article 2 of the Genocide Convention, ensure its military prevents genocidal acts, halt military operations in Rafah that could create conditions of genocide, and regularly report to the court on the steps taken.