TEMPO.CO, Jakarta – The Netherlands and Iceland have intervened in the genocide case against Israel brought by South Africa to the International Court of Justice (ICJ), the UN court announced on Thursday, as reported by Anadolu.
Both countries lodged 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 intervention is 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 the convention they follow becomes an issue.
In their intervention declaration, the Netherlands highlighted that the forced transfer of civilians could constitute an act of genocide or lead to genocide and could play a crucial role in determining genocidal intent.
The declaration also emphasized that actions taken against children should be assessed differently, noting that crimes targeting children could be significant in establishing genocidal intent.
The Netherlands further pointed out that genocide could take the form of starvation and the deliberate withholding of humanitarian aid, stressing that such actions could also be a key factor 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 conclusion from the actions taken. Instead, Iceland stated, the existence of other possible intentions alongside genocidal intent should not preclude the court from finding that genocide has occurred.
The declaration also emphasized that attacks on children, particularly actions involving torture and mental harm, should be carefully examined.
South Africa filed this case with the ICJ on December 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 issue provisional measures.
The court issued three orders on January 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, cease military operations in Rafah that could create conditions for genocide, and periodically report to the court on the steps taken. However, genocide against the Palestinian people continues to occur to this day.
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