Chile asks to join South Africa's ICJ genocide case against Israel

Chile asks to join South Africa's ICJ genocide case against Israel
Chile has officially submitted a request to the ICJ to join South Africa's genocide case against Israel over the Gaza war
3 min read
14 September, 2024
The President of Chile Gabriel Boric speaks during the commemoration of the 51 years since the 1973 coup d'état [Getty]

Chile has officially submitted a request to the International Court of Justice (ICJ) to participate in South Africa’s ongoing legal proceedings against Israel, the court in The Hague announced on Friday.  

In December of last year, South Africa submitted a case against Israel, saying it had violated the Genocide Convention during its war on the Gaza Strip, which has so far killed at least 41,182 Palestinians and injured 95,280.   

Chile is the latest country to signal its intention to become involved in the case, which was filed under Article 63 of the International Court of Justice (ICJ) Statute. 

Under Article 63 of the International Court of Justice (ICJ) Statute, any state party to a convention being reviewed by the court has the right to intervene in the proceedings.  

By exercising this right, the state's involvement ensures that the ICJ's interpretation of the convention becomes legally binding on them as well.  

So far 13 countries in total have applied to join or declared their intention to join the South African case, including Turkey, Egypt, Spain, Belgium, and Nicaragua. 

The provision allows countries to have a say in the judicial process, influencing how the convention is applied in the case under consideration. 

Chile's intervention in the case came as South African President Cyril Ramaphosa reiterated his commitment to the case, saying that his country would present the UN court with more facts and evidence next month.  

"We are headstrong," Ramaphosa told journalists on Saturday. "We are determined to go ahead with our case." 

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"Preparations are underway to present what they call the memorial, a huge tome of hundreds and hundreds of pages," the president said. 

"We continue arguing that the genocide must stop and there must be a ceasefire, and similarly, there must be a return of the hostages." 

In June, Chile’s president Gabriel Boric first expressed his support for South Africa's case against Israel at the ICJ, saying he was gravely concerned over the severity of the humanitarian crisis in Gaza, which has disproportionately affected women and children. 

"Chile will become a party to and support the case that South Africa presented against Israel before the International Court of Justice in The Hague," Boric said. 

During an address to Chile’s parliament, he criticised the Israeli military's use of “indiscriminate and disproportional” force in its months-long offensive in the devastated Palestinian enclave. 

“These acts demand a firm and permanent response of the international community,” Boric added. 

The Chilean president had regarded the conflict as having “no justification” and said it is “unacceptable.” 

In early January, Chile, alongside Mexico, submitted a request to the International Criminal Court (ICC) to investigate the Gaza conflict.  

Chile's Foreign Minister, Alberto van Klaveren, stated that the country was "committed to supporting the investigation into any possible war crimes, regardless of where they occur." 

Chile has recognised Palestine as a sovereign state since 2011.