ICJ: The Comoros files a declaration of intervention in the proceedings under Article 63 of the Statute (South Africa v. Israel)

31 October 2025

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Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

The Comoros files a declaration of intervention in the proceedings under Article 63 of the Statute

THE HAGUE, 31 October 2025. On Wednesday 29 October 2025, the Comoros, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).

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. If a State exercises this right, the construction given by the judgment of the Court will be equally binding upon it.

In availing itself of the right of intervention conferred by Article 63, the Comoros relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 (the “Genocide Convention”) and emphasizes the erga omnes partes nature and the jus cogens character of the norms invoked by South Africa in its Application. The Comoros considers that the construction of Articles I, III, IV, V and VI of the Genocide Convention, read in conjunction with Article II, is in question in this case, as well as the construction of Article IX “in so far as it concerns the jurisdiction of the Court”. In its declaration, the Comoros presents its interpretation of the aforementioned articles.

In accordance with Article 83 of the Rules of Court, South Africa and Israel have been invited to furnish written observations on the declaration of intervention.

The full text of the declaration of intervention of the Comoros is available on the Court’s website.