Spain and South Africa team up in ICJ case against Israel.
In December of last year, South Africa requested the international court's involvement in response to Israel's suspected genocide.
Israel has claimed that the global actions taken against it are a form of weaponized "lawfare" while it engages in a legitimate battle against Hamas terrorists from Gaza who have infiltrated Israel, causing the deaths of over a thousand Israelis and the abduction of hundreds more.
Last month, Spain declared its support for South Africa in The Hague against Israel's actions in Gaza.
Last December, South Africa lodged a legal complaint in court, accusing Israel of perpetrating genocide on Palestinians. Spain is the first EU nation to support ICJ genocide lawsuit against Israel.
Spain has strongly backed Palestinians, denouncing Israel's actions in Gaza as genocide and granting recognition to Palestine as a state. On June 28, Spain made a Declaration of Intervention in the case against Israel for genocide at the International Court of Justice (ICJ), making it the inaugural European state to take this action.
The Spanish Foreign Ministry stated that the intervention is driven by their duty as a State party to the Genocide Convention and their strong dedication to international law.
In December, South Africa took Israel to the ICJ, accusing them of violating the Genocide Convention with their continuous attacks on Palestinians in Gaza.
The Spanish Foreign Ministry underlined the importance of a two-state solution to achieve long-term peace and stability for Palestinians and Israelis, stating their desire to help restore peace in Gaza and the Middle East.
International law expert Stefan Talmon from the University of Bonn explained that when an intervening state presents its interpretation of specific treaty provisions to the ICJ to support one side in a case, this intervention involves both written submissions and oral arguments during the court hearings. Talmon clarified that intervening states are limited to addressing the provisions of the treaty itself and are not permitted to comment on the specifics of the case.
Spain articulated in its Declaration of Intervention that the Genocide Convention holds significant importance for upholding fundamental values and principles of international law, such as human dignity and accountability. The convention imposes substantial obligations on its signatories that extend beyond merely prosecuting genocide as a criminal offense.
Written observations on Spain’s intervention declaration have been requested from South Africa and Israel. Additionally, Nicaragua, Colombia, Libya, Mexico, and the State of Palestine have also intervened in the ICJ case.
In a provisional ruling issued in May, the ICJ called for Israel to halt its ongoing military operations in Rafah.
Following Spain's recognition of Palestine as a state in late May, Spanish Defense Minister Margarita Robles referred to the conflict in Gaza as genocide during an interview on the official TV channel TVE. She emphasized, "We cannot ignore what is happening in Gaza, which amounts to a real genocide."
Spanish Deputy Prime Minister Yolanda Diaz expressed her belief that "Palestine will be liberated from the river to the sea." These statements provoked strong condemnation from Israeli leaders.
