Chile has formally submitted a declaration of intervention in South Africa’s ongoing genocide case against Israel at the International Court of Justice (ICJ). The intervention, filed under Article 63 of the ICJ Statute, grants states the right to intervene in the interpretation of a multilateral convention. The South American nation’s declaration underscores its position on various critical issues, notably the obligation to prevent and punish acts of genocide as stipulated in the 1948 Genocide Convention.
One of the central arguments presented by Chile is the contention over the ICJ’s jurisdiction. Chile disputes Israel’s assertion that the Court lacks jurisdiction over Gaza, emphasizing that the existence of a dispute requires only that “two sides hold clearly opposite views concerning certain international obligations.” The country also asserts the erga omnes partes nature of the Convention, which permits any state party to hold another state party accountable for violations—thus challenging Israel’s argument regarding the necessity of bilateral interaction with South Africa.
Chile further argues, in alignment with the ICJ’s recent advisory opinion on the occupation of Palestine found here, that Palestinians constitute a protected group under the Genocide Convention, and that genocidal intent involves a specific aim to physically or biologically annihilate such a group. In terms of prevention, Chile emphasizes that Article I of the Convention requires Israel to take due diligence to prevent acts of genocide, holding Israel accountable irrespective of whether genocide has actually occurred.
Additionally, Chile debates Israel’s duty to punish genocide, maintaining that this responsibility extends to occupiers of territories, thereby reinforcing obligations under international law as per the Fourth Geneva Convention. Chile’s intervention also calls on the ICJ to examine whether public statements by several Israeli officials amount to incitement of genocide, particularly focusing on the use of dehumanizing rhetoric within its cultural context.
The ICJ has subsequently invited both South Africa and Israel to present their observations on Chile’s submission. This development follows South Africa’s initiation of the case in December 2023, where it accused Israel of breaching the Genocide Convention during its military activities in Gaza. Since then, the ICJ has issued several provisional measures directing Israel to prevent genocide in the region, which can be reviewed in further detail here.
The involvement of numerous other countries, including Nicaragua, Colombia, Libya, and Egypt, among others, signals growing international scrutiny and a comprehensive legal interpretation of the Genocide Convention’s applications.
More information can be accessed through the original reporting by JURIST here.