Palestine files a declaration recognizing the competence of the International Court of Justice – Press Release and Declaration

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03 June 2024

No. 2024/51

On Friday 31 May 2024, in accordance with Security Council resolution 9 (1946) (adopted by virtue of the powers conferred upon the Council by Article 35, paragraph 2, of the Statute of the Court), Palestine filed in the Registry of the Court a declaration accepting

“with immediate effect the competence of the International Court of Justice for the settlement of all disputes that may arise or that have already arisen covered by Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (1948), to which the State of Palestine acceded on 2 April 2014”.

It is recalled that under Security Council resolution 9 (1946), the International Court of Justice is open to any State which is not a party to the Statute of the Court, provided that such State has deposited with the Registrar of the Court “a declaration by which it accepts the jurisdiction of the Court . . . and undertakes to comply in good faith with the decision or decisions of the Court and to accept all the obligations of a Member of the United Nations under Article 94 of the Charter”.

History of the proceedings

On 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.

The Application also contained a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.

The Applicant requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

On 26 January 2024, the Court delivered its Order on South Africa’s request.

On 23 January 2024, Nicaragua, referring to Article 62 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene “as a party” in the case.

On 16 February 2024, the Court took a decision, communicated to the Parties by a letter from the Registrar, on a request by South Africa for additional provisional measures dated 12 February 2024.

On 28 March 2024, the Court indicated additional provisional measures, following a request from South Africa, dated 6 March 2024, for the indication of additional provisional measures and/or the modification of its Order of 26 January 2024.

On 5 April 2024, Colombia, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On 10 May 2024, Libya, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.

On Thursday 16 and Friday 17 May 2024, the Court held public hearings on a request for the modification and the indication of provisional measures submitted by South Africa on 10 May 2024.

The Court delivered its Order on this further request on 24 May 2024.

On 24 May 2024, Mexico, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.