Spain joins ICJ case against ‘Israel’ over Gaza genocide

The International Court of Justice (ICJ) announced on Friday that Spain has filed a lawsuit to intervene in South Africa’s case against “Israel” over its genocidal campaign in the Gaza Strip.

“Spain, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel),” the court said in a statement.

Invoking its status as a party to the Genocide Convention, Spain is exercising its right to intervene in the proceedings under Article 63, paragraph 2 of the document, the statement added.

Spain previously announced its plans to join South Africa in this case on June 6. On that day, Spanish Foreign Minister José Manuel Albares said in Madrid: “We take the decision because of the ongoing military operation in Gaza.”

“We want peace to return to Gaza and the Middle East, and for that to happen we must all support the court.”

Mexico, Colombia, Nicaragua, Libya, and the Palestinian authorities are awaiting approval from the International Court of Justice in The Hague, Netherlands, to join the ongoing case.

Once granted permission to participate in the case, Spain would have the opportunity to submit written arguments and present oral statements during public hearings.

On May 28, Spain, Ireland, and Norway collectively acknowledged the existence of a Palestinian state in a coordinated move by the three Western European countries. Slovenia, an EU member alongside Spain and Ireland, subsequently followed suit by recognizing the Palestinian state earlier this week.

Context

On December 29, 2023, South Africa initiated legal action against “Israel” at the ICJ due to the genocide in the Gaza Strip. Following this, on January 26, the ICJ issued provisional measures instructing “Israel” to take urgent steps to prevent acts of genocide and facilitate humanitarian aid into Gaza. However, the court did not mandate an immediate ceasefire in the region.

In early March, South Africa returned to the ICJ seeking additional provisional measures to address severe humanitarian conditions in Gaza, including widespread starvation among Palestinians.

On May 10, South Africa made an urgent appeal to the ICJ for further measures against “Israel.” Subsequently, the court conducted hearings on May 16-17 to deliberate on the matter. Then, on May 24, the ICJ ordered “Israel” to cease its military operations in Rafah, the southernmost city in Gaza, and ensure unrestricted access for investigative missions to probe acts of genocide.