Anti-Israel lawfare
Belgium Joins South African Suit Against Israel at UN Court
The ICJ, the United Nations’ highest court, said Belgium submitted its request under Article 63 of the court’s statute, which allows states that are party to the Genocide Convention to intervene in cases involving its interpretation. Belgium is not becoming a plaintiff, but will be permitted to participate in legal arguments related to the convention.
Belgium formally joined South Africa’s case against Israel at the International Court of Justice on Tuesday, filing a declaration of intervention in proceedings accusing Israel of committing genocide in Gaza.
The ICJ, the United Nations’ highest court, said Belgium submitted its request under Article 63 of the court’s statute, which allows states that are party to the Genocide Convention to intervene in cases involving its interpretation. Belgium is not becoming a plaintiff, but will be permitted to participate in legal arguments related to the convention.
South Africa initiated the case in December 2023, alleging that Israel’s military campaign in Gaza following Hamas’s October 7 attack violated the 1948 Genocide Convention. Israel has categorically rejected the accusation, calling it baseless and politically motivated, and has argued that it is acting in self-defense while taking steps to minimize civilian harm. Israel says Hamas bears responsibility for civilian casualties because it operates from densely populated areas.
Belgium joins a growing list of countries that have intervened in the case, including Brazil, Colombia, Ireland, Mexico, Spain, Turkey, and others. Nicaragua initially sought to join but later withdrew its request without explanation.
Since the case was filed, the ICJ has issued a series of provisional measures ordering Israel to take steps to prevent acts prohibited under the Genocide Convention and to facilitate humanitarian assistance in Gaza. The court did not order Israel to halt its military operations. While ICJ rulings are legally binding, the court has no direct enforcement mechanism.
The legal proceedings are expected to take years. Earlier this year, the court granted Israel an extension until January 2026 to submit its formal response to South Africa’s claims, citing the scope and complexity of the case and the involvement of additional states.
The war began when Hamas-led terrorists killed about 1,200 people in southern Israel and abducted 251 hostages. Gaza health authorities claim more than 70,000 people have been killed in the conflict, figures that do not distinguish between civilians and combatants and cannot be independently verified.