Justice | Spain lodges its request to intervene in South Africa’s case against the genocide in Gaza – El Salto

Invoking Article 63 of the Statute of the Court, Spain submitted on Friday, 28 June, to the Secretariat of the International Court of Justice a declaration of intervention in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa against Israel).

Spain affirms in its declaration that the Genocide Convention is an important instrument of international law for the prevention and punishment of genocide. It emphasizes that the Genocide Convention “is not just a criminal law treaty. It contains elements clearly linked to the protection and safeguarding of fundamental values ​​and principles of international law, including the protection of human dignity and the principle of accountability, and imposes important obligations on contracting parties that go beyond the guarantees of criminal prosecution for the crime of genocide.”

In the case of Article 63, the path chosen by the Spanish government to intervene in the case, it involves intervening when “it concerns the interpretation of a convention to which States other than the parties in dispute are also parties under it.” Countries such as Mexico or Libya have, in this sense, entered into this case. This is a case in which the requesting State can present its arguments and perspectives on the interpretation of the treaty in question, but it does not mean accepting the genocide framework proposed by South Africa.

As announced, Spain – in the eighth point of its declaration – refuses to become a party to the process and “accepts that the interpretation of the Genocide Convention given in the judgment shall be equally binding on it.”

In addition, Spain’s intervention declaration includes a message of “Spain’s categorical condemnation of the brutal, indiscriminate and unjustified terrorist attacks carried out by Hamas against Israel on October 7, 2023”.

The argument presented by Spain specifies that “genocide aims to destroy, in whole or in part, a national, ethnic, racial or religious group, a group that has legally protected property.” Next, it considers that “Palestinians” constitute a national, ethnic, racial or religious group because they meet the criteria established by jurisprudence.

In summary, Spain indicates that the Court may consider it useful to take into account in this process “statements by members of the Israeli Government, such as the one made by the Israeli Defense Minister, Yoav Galant, on October 9, 2023, broadcast by various television media, and documented in numerous written media: ‘We are imposing a total siege on Gaza. There will be no electricity, no food, no water, no fuel. Everything will be closed. We are fighting against human beasts and we are acting accordingly.’”

Spain also recalls that on December 28, 2023, a group of former senior public officials, members of Israel’s diplomatic corps, academics, journalists, former members of the Knesset and social activists addressed a letter to the Attorney General of Israel and other judicial authorities, demanding their action to prevent what they define as “the widespread and blatant incitement of public opinion to massacres, expulsions and ethnic cleansing in Gaza”.

The statement, signed by Consuelo Femenia Guardiola, the Spanish ambassador to the Netherlands, considers that it would be particularly valuable for the Court to carefully examine the lack of access of humanitarian aid to the Gaza Strip, despite the various opportunities it has had to do so. This matter has been included in the provisional file.

In accordance with Article 83 of the Rules of the International Court of Justice, both South Africa and Israel have been invited to submit written comments on Spain’s intervention statement.