Ireland joins SA’s genocide case against Israel at ICJ

Ireland has become the latest country to back South Africa’s genocide case against Israel.

In an intervention declaration filed with the International Court of Justice (ICJ) on Wednesday, Ireland said it considered the first five articles of the Genocide Convention to be in question.

Ireland has been an outspoken critic of the dire situation in Gaza since Israel retaliated on the occupied territory.

Support for SA

The ICJ said that Ireland had joined Nicaragua, Colombia, Mexico, Libya, Bolivia, Turkey, the Maldives, Chile, Spain, and the State of Palestine in asking to intervene in the case.

“Pursuant to Article 63 of the Statute, whenever the construction of a convention to which states other than those concerned in the case are parties is in question, each of these states has the right to intervene in the proceedings. In this case, the construction given by the judgement of the Court will be equally binding upon them,” the ICJ said.

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Genocide case

In its initial application, South Africa submitted an 84-page application at the ICJ on 29 December 2023, pleading with the court to find Israel guilty of suspected genocide and order it to, among other things, halt its invasion in Gaza.

Since launching the case at the ICJ, South Africa has approached the court four times, requesting interim measures to halt Israel’s attacks on the occupied territory.

Despite three orders being granted in South Africa’s favour this year, they have had little to no impact on all forms of Israel’s attacks on Palestinian life, essential services and the need for humanitarian aid.

Evidence

In October last year, South Africa’s legal team filed hundreds of pages in its memorial to the ICJ saying that it has presented a clear case to the United Nations’ top court in The Hague that Israel is committing genocide in Gaza.

South Africa’s latest filing at the ICJ includes 750 pages of primary text, along with more than 4 000 pages of exhibits and annexes, to demonstrate that Israel is intentionally seeking to destroy Palestinians in Gaza.

The Presidency said the evidence will show that undergirding Israel’s genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself and its failure to punish those inciting and committing acts of genocide.

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Israel denies claims

Israel has vehemently denied that it is engaged in genocide and continues to fight South Africa in court and must convince the ICJ that South Africa’s assertions of intent are without merit.

Prime Minister Benjamin Netanyahu’s government previously said the suffering of Palestinian civilians in Gaza was the fault of Hamas, and the high number of deaths was a function of how Hamas chose to conduct the war.

Israel has until July 2025 to file its counter-memorial.

Advisory opinion

In July last year, the ICJ issued a groundbreaking advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory (OPT).

The Court found Israel responsible for racial segregation and apartheid against the Palestinians and laid out a long list of abuses and violations of international law by Israeli authorities.

It found that Israel’s occupation is illegal, and set out clear standards for Israel to provide reparations to Palestinians.

If accepted, South Africa’s case would mark a historic first, as no state has successfully prosecuted another for genocide under the Genocide Convention of 1948.

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