DayofPal—The United States has intervened in the genocide case filed by South Africa against Israel at the International Court of Justice, submitting a declaration that rejects allegations Israel is committing genocide in Gaza.
Washington’s intervention, filed under Article 63 of the court’s statute, has drawn criticism from legal observers who say the move amounts to direct political backing for Israel despite mounting international accusations over its genocide in the Gaza Strip.
Professor Gerhard Kemp, a scholar of international law explained that “It’s very unusual for an intervening state (US) to use language like that.”
“States normally stick to the legal issues, which can even be helpful for both sides. But terms like ‘false’ or ‘wrong’ don’t really move the needle,” he added.
“They are probably aimed at a different audience.”
South Africa’s case accuses Israel of violating the Genocide Convention through widespread killings, destruction of civilian infrastructure and the creation of life-threatening conditions for Palestinians.
Alongside the US filing, Hungary and Fiji submitted declarations that largely support Israel’s legal position, while Namibia argued that patterns of conduct in Gaza, including displacement, deprivation of basic necessities and restrictions on humanitarian aid, could indicate genocidal intent.
The case, launched in December 2023, has become one of the most closely watched proceedings before the ICJ, with more than 20 countries seeking to intervene.
Meanwhile, Israel has continued its military campaign in Gaza, which has killed tens of thousands of Palestinians and devastated much of the Strip, despite provisional measures issued by the court ordering it to prevent acts that could violate the convention and allow humanitarian assistance.
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