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Belgium filed Tuesday a declaration of intervention to the International Court of Justice (ICJ) in the case against Israel in relation to the situation in the Gaza Strip.
In the declaration, Belgium expressed its understanding of the term “genocidal intent” contained in the Genocide Convention. Citing a previous ICJ provisional measure order in the case of the Gambia v. Myanmar, it argued that the existence of an armed conflict does not bar the court from finding a genocidal intent from the accused party. Belgium also argued that the pursuit of military objectives does not eliminate a genocidal intent. According to Belgium, war operations can coincide with a genocidal intent if the operation is disproportionate to achieve the valid military reasons. These are responding to Israel’s argument in a March 6 written observation, suggesting that it was engaging in an armed conflict with Hamas, which was responsible for the civilian casualties for its “strategy of maximizing civilian harm.”
In addition, Belgium contended that abiding by international humanitarian law is not a defense to the crime of genocide. It is Belgium’s submission that international humanitarian law can merely assist the court in determining whether the accused possessed a genocidal intent. Breaches of the rules, such as the killing of the vulnerable population and attacks that fail to distinguish civilians from soldiers, can be evidence of genocidal intent. However, the lack of breaches does not prevent the court from finding a genocidal intent on the part of the defendant. Israel argued that members of Hamas had exploited civilians as their human shields and had diverted humanitarian supplies from the intended civilian destination.
Belgium invoked Article 63 of the Statute of the Court in filing the intervention. The article allows a state party to a convention to intervene in a legal proceeding so long as they agree that the court’s ruling will also be binding on them. Several other countries have also filed their declarations of intervention, including Colombia, Türkiye, and Palestine.
The court has invited South Africa and Israel to file written observations in response to Belgium’s declaration.
South Africa initiated the proceedings against Israel on December 29, 2023. South Africa alleged that Israel has been operating in Gaza with a genocidal intent. South Africa also accused Israel of its failure to prevent genocide by prosecuting those responsible for the incitement to genocide. While the case is still pending before the court, it ordered Israel to implement all necessary measures for the prevention of genocide, such as ensuring the “unhindered” flow of humanitarian aid into Gaza, on January 26, March 28, and May 24, 2024.
On September 16, 2025, a UN independent commission reported that Israel has committed the crime of genocide in the Gaza Strip. The report recorded that over 60,199 Palestinians were killed since October 7, 2023, among whom 46 percent were women and children. Although the report is not legally binding, the evidence it contains can be relied upon by the court.
The post Belgium applies to intervene in ICJ genocide case against Israel appeared first on JURIST - News.
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In the declaration, Belgium expressed its understanding of the term “genocidal intent” contained in the Genocide Convention. Citing a previous ICJ provisional measure order in the case of the Gambia v. Myanmar, it argued that the existence of an armed conflict does not bar the court from finding a genocidal intent from the accused party. Belgium also argued that the pursuit of military objectives does not eliminate a genocidal intent. According to Belgium, war operations can coincide with a genocidal intent if the operation is disproportionate to achieve the valid military reasons. These are responding to Israel’s argument in a March 6 written observation, suggesting that it was engaging in an armed conflict with Hamas, which was responsible for the civilian casualties for its “strategy of maximizing civilian harm.”
In addition, Belgium contended that abiding by international humanitarian law is not a defense to the crime of genocide. It is Belgium’s submission that international humanitarian law can merely assist the court in determining whether the accused possessed a genocidal intent. Breaches of the rules, such as the killing of the vulnerable population and attacks that fail to distinguish civilians from soldiers, can be evidence of genocidal intent. However, the lack of breaches does not prevent the court from finding a genocidal intent on the part of the defendant. Israel argued that members of Hamas had exploited civilians as their human shields and had diverted humanitarian supplies from the intended civilian destination.
Belgium invoked Article 63 of the Statute of the Court in filing the intervention. The article allows a state party to a convention to intervene in a legal proceeding so long as they agree that the court’s ruling will also be binding on them. Several other countries have also filed their declarations of intervention, including Colombia, Türkiye, and Palestine.
The court has invited South Africa and Israel to file written observations in response to Belgium’s declaration.
South Africa initiated the proceedings against Israel on December 29, 2023. South Africa alleged that Israel has been operating in Gaza with a genocidal intent. South Africa also accused Israel of its failure to prevent genocide by prosecuting those responsible for the incitement to genocide. While the case is still pending before the court, it ordered Israel to implement all necessary measures for the prevention of genocide, such as ensuring the “unhindered” flow of humanitarian aid into Gaza, on January 26, March 28, and May 24, 2024.
On September 16, 2025, a UN independent commission reported that Israel has committed the crime of genocide in the Gaza Strip. The report recorded that over 60,199 Palestinians were killed since October 7, 2023, among whom 46 percent were women and children. Although the report is not legally binding, the evidence it contains can be relied upon by the court.
The post Belgium applies to intervene in ICJ genocide case against Israel appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.