Brazil has officially submitted a declaration of intervention at the International Court of Justice (ICJ) in South Africa’s case accusing Israel of violating the Genocide Convention through its military actions in Gaza, the Court confirmed. The declaration was lodged on September 17, invoking Article 63 of the ICJ Statute, which allows States party to a convention under interpretation in a pending ICJ case to intervene.
Brazil asserts that, as a signatory to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, it has both standing and an interest in how Articles I, II, and III of the Convention are interpreted, provisions which define genocide, related acts, and States’ obligations. The country offered its “legal views” in its submission, making clear that whichever interpretative framework the ICJ adopts will be binding on Brazil.
South Africa initiated the case on December 29, 2023, arguing that Israel’s conduct in the Gaza Strip breaches its obligations under the Genocide Convention. The ICJ has, in response, issued provisional measures ordering Israel to take steps to prevent acts of genocide. Brazil joins a growing group of States—including Colombia, Mexico, Spain, Turkey, Chile, and Ireland—that have either intervened or signaled intention to do so.
In lodging its intervention, Brazil has signaled its concern over what it calls “recurring episodes of violence against the civilian population,” including allegations that starvation is being used as a weapon of war, attacks on civilian infrastructure, and other serious human rights violations in both Gaza and the occupied West Bank.
The ICJ has invited both South Africa and Israel to submit written observations in response to Brazil’s intervention in accordance with Article 83 of the Rules of Court.
