Libya files a declaration of intervention in the proceedings under Article 63 of the Statute – Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

10 May 2024

No. 2024/40

Today, Libya, 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 they do so, the construction given by the judgment of the Court will be equally binding upon them.

In submitting its declaration of intervention, Libya relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). It states that it files its declaration

“because it believes that acts and omissions by Israel are of genocidal character, as they are committed with the requisite specific intent to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group and that ‘the conduct of Israel through its State organs, State agents, and other persons and entities acting on its instructions or direction, control or influence in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention’”.

It adds that its declaration of intervention is focused on “the proper construction of the provisions concerning the duty not to commit and to prevent genocide[,] and the duty to punish genocide in Article I, read in conjunction with Article II, and Articles III (a), III (b), III (c), III (d), III (e), IV, V and VI; of the [G]enocide [C]onvention”.

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