Netherlands, Iceland join South Africa’s genocide case against Israel at ICJ

Netherlands and Iceland filed intervention declarations at the ICJ case against Israel, arguing that forced displacement, starvation, blocked humanitarian aid and harm to children may help establish genocidal intent, even if other motives existed

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The Netherlands and Iceland have joined South Africa’s case against Israel at the International Court of Justice in The Hague, which accuses Israel of committing genocide in the Gaza Strip, the court said Thursday.
In its filing, the Netherlands argued that actions such as forced displacement, starvation, the obstruction of humanitarian aid and acts directed against children could be considered genocidal conduct and said such actions may play an important role in determining genocidal intent.
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בניין בית הדין הבינלאומי לצדק
בניין בית הדין הבינלאומי לצדק
The International Court of Justice
(Photo: shutterstock)
The Dutch submission also said acts committed against children should be assessed with particular weight, noting that crimes targeting children could be significant in establishing intent to commit genocide.
Iceland, in its own declaration, argued that a finding of genocidal intent should not be limited only to situations in which genocide is the sole possible conclusion from the acts in question. According to the Icelandic position, the existence of other possible motives alongside genocidal intent should not prevent the court from determining that genocide occurred.
Both countries submitted their declarations Wednesday. Their intervention is based on their status as parties to the Convention on the Prevention and Punishment of the Crime of Genocide, which allows states that are signatories to intervene in cases involving interpretation of the convention.
South Africa filed the case at the International Court of Justice, the United Nations’ top judicial body, on December 29, 2023, alleging that Israel violated the genocide convention.
Separately, the International Criminal Court in The Hague, a separate tribunal that prosecutes individuals for international crimes, rejected Israel’s appeal in December regarding the principle of complementarity. As a result, arrest warrants issued in November for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant remain in effect. Israel’s Foreign Ministry criticized the decision, describing it as political action carried out under the guise of international law.
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