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Belgium Intervenes in South Africa’s Genocide Case Against Israel at the ICJ

Belgium Intervenes in South Africa’s Genocide Case Against Israel at the ICJ
Judges arrive for a session of the International Court of Justice in The Hague [File: Piroschka van de Wouw/Reuters]

Belgium has joined South Africa’s genocide case against Israel at the International Court of Justice. The ICJ previously ordered provisional measures in January 2024 to prevent genocidal acts and to secure humanitarian access, and found Israel’s presence in occupied Palestinian territory unlawful. Israel rejects the allegations and has continued military operations while some Western governments maintain strong support for Israel. Gaza health authorities report tens of thousands killed and many more wounded since October 2023.

Belgium has formally intervened in the case South Africa filed at the International Court of Justice (ICJ), accusing Israel of committing genocide in the Gaza Strip. The ICJ confirmed in a statement that Belgium submitted a declaration of intervention, joining a growing list of states that have entered the proceedings.

Other intervening states include Brazil, Colombia, Ireland, Mexico, Spain and Türkiye, among others. South Africa filed the suit in December 2023, arguing that Israel’s military campaign in Gaza breaches the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide.

ICJ rulings and provisional measures: In January 2024 the court issued provisional measures ordering Israel to take steps to prevent acts of genocide in Gaza and to ensure unimpeded humanitarian access. The ICJ noted that its orders are legally binding, while also observing that it lacks a direct mechanism to enforce them. The court additionally found that Israel’s presence in occupied Palestinian territory is unlawful and said some policies amounted to annexation.

Responses and ongoing developments: Israel has rejected the genocide allegations and criticised the proceedings. Despite the ICJ orders and mounting international criticism, Israeli military operations have continued in Gaza and the occupied West Bank, and Israeli authorities have advanced plans affecting large parts of Palestinian territory.

The United States and several European allies continue to provide military and financial support for Israel. Washington has dismissed the merits of South Africa’s case; some US lawmakers have publicly criticised South Africa and issued warnings. The US has also imposed sanctions on officials linked to actions by the International Criminal Court (ICC). The ICC, separately, has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

Belgium and Palestine: Belgium was among a group of countries that recognised the State of Palestine in September. Nearly 80 percent of UN member states now recognise Palestine, according to diplomatic tallies.

Human toll: Citing the Palestinian Ministry of Health in Gaza, reports say that since a ceasefire began on October 10, Israeli strikes have killed at least 406 Palestinians and injured 1,118 in the enclave. Since the start of the war on October 7, 2023, the ministry reported that at least 70,942 Palestinians have been killed and 171,195 wounded. These figures are provided by Gaza health authorities and are cited here as reported.

Outlook: A final ICJ judgment in the South Africa case could take years. Belgium’s intervention signals continued international attention and diplomatic clustering around the legal and humanitarian questions posed by the conflict and by the ICJ’s earlier provisional measures.

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