Chile files intervention in South Africa genocide case against Israel

JURIST Staff
September 13, 2024 11:55:39 pm

Chile filed a declaration of intervention Friday in South Africa’s genocide case against Israel in the International Court of Justice (ICJ). The South American country submitted its declaration under Article 63 of the Statute of the ICJ, which gives states a right to intervene in the interpretation of a multilateral convention. Chile’s intervention highlights several key issues, including the duty to prevent and punish genocide under the Genocide Convention.

First, Chile challenges Israel’s claim that the ICJ lacks jurisdiction over Gaza, arguing that a dispute exists when “two sides holds clearly opposite views concerning certain international obligations.” It also contends that the erga omnes partes character of the Convention allows any state party to hold another state party accountable for violations, making Israel’s argument about the lack of bilateral interaction with South Africa irrelevant.

Chile also asserts, which the ICJ’s recent advisory opinion on the occupation of Palestine similarly held, that Palestinians are a protected group under the Convention and that genocidal intent involves the specific aim to physically or biologically destroy such a group.

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On Israel’s duty to punish genocide, Chile maintains that the duty to punish extends to the temporary holder of occupied territories. To hold otherwise would frustrate the purpose of the Convention and exempt Israel from fulfilling its obligations, as the occupying power of Gaza, under the Fourth Geneva Convention.


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https://www.jurist.org/news/2024/09/chile-files-intervention-in-south-africa-genocide-case-against-israel/