Spain files papers to join SA’s ICJ action
Publish date: 08 July 2024
Issue Number: 1084
Diary: IBA Legalbrief Africa
Category: International
Spain has filed court papers at the International Court of Justice (ICJ) to become part of SA’s case against Israel for alleged violations of the Genocide Convention in Gaza, says a Business Day report. UN special rapporteur on Palestine Francesca Albanese said she hoped it ‘marks the beginning of more Western countries taking similar actions’. Spain is now one of several nations that have sought, or plan, to intervene in SA’s case that will be heard in full at a later date. ‘Spain is not joining the case as a party,’ said Professor Adil Haque of Rutgers University, ‘and (Spain) is not presenting new evidence.’ Primarily, Spain’s intervention was ‘to offer its interpretation of the Genocide Convention.’ Spain’s main focus in its papers is on interpreting what constitutes ‘genocidal intent’. As Haque noted, Spain argued ‘public statements by Israeli officials may be evidence of genocidal intent’, with Spain citing statements by Israel’s Defence Minister Yoav Gallant, its national Security Minister, ltamar Ben-Gvir, and others. ‘Spain also argues that Israel’s apparent violation of the court’s provisional measures orders may be evidence of failure to prevent acts of genocide.’ Spain cited SA’s recently submitted 121-page ‘dossier of evidence’ to the UN Security Council, which SA claims indicates Israel’s violations of the ICJ’s orders.