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Another country has officially joined South Africa’s ongoing genocide case against Israel at the International Court of Justice (ICJ).
Some shit you should know before you dig in: Back in late 2023, South Africa opened a case against Israel at the ICJ, accusing it of committing genocide in the Gaza Strip in violation of the 1948 UN Genocide Convention. South Africa claims that Israel’s military operations following the October 7 Hamas-led attacks were carried out with genocidal intent, including targeting civilians and systematically destroying conditions essential for life in Gaza. The case also alleges that Israel failed to prevent genocide and did not prosecute individuals responsible for incitement to genocide. In response, Israel has strongly denied the accusations, calling the case baseless and politically motivated. It argues that its military actions are legitimate responses to Hamas terrorism. Israeli officials also argue that any civilian harm is a consequence of Hamas embedding itself within densely populated areas and using civilians as human shields.
What’s going on now: In a notable move, Belgium has officially joined the ICJ case, filing a declaration of intervention concentrated on how the court interprets the Genocide Convention. Belgium isn’t necessarily backing South Africa’s accusations, but it is arguing that the existence of an armed conflict does not automatically negate genocidal intent, and that Israel’s military operations, if disproportionate or indiscriminate, can still qualify as acts of genocide. It also pushed back on Israel’s core defense, stating that claims of complying with international humanitarian law do not absolve a state of responsibility under the Genocide Convention.
Belgium pointed to past ICJ rulings, including the Gambia v. Myanmar case, to support its position. It argued that even if there are no obvious breaches of humanitarian law, the court can still find genocidal intent if the facts warrant it.
These arguments directly challenge Israel’s position, which insists its campaign is aimed solely at Hamas and that civilian casualties are a result of Hamas operating out of dense urban areas. As of now, Israel has not publicly responded to Belgium’s intervention.
Belgium joins a growing list of countries that have entered the case, including Brazil, Ireland, Spain, Colombia, Mexico, and Turkey.
