Government Intervention in South Africa’s ICJ Case Against Israel Ireland’s Tánaiste and Minister for Foreign Affairs, Micheál Martin, has announced Ireland’s decision to intervene in the case initiated by South Africa against Israel under the Genocide Convention at the International Court of Justice.
In a statement today, the Tánaiste stated that he had instructed officials to begin work on a Declaration of Intervention under Article 63 of the Statute of the International Court of Justice.
Pending Government approval, this declaration will be submitted to the court in The Hague for the case against Israel under the 1948 Genocide Convention. The specific legal grounds on which Ireland will base its intervention remain unclear at this time.
South Africa brought proceedings to the ICJ last December, alleging that Israel breached obligations under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide during military operations following the October 7 Hamas attacks. South Africa requested the court to issue provisional measures, including an immediate halt to military operations in Gaza. On January 26, the court imposed several provisional measures, mandating Israel to ensure its military refrains from committing genocidal acts and facilitates the delivery of urgently needed basic services and humanitarian aid.
Pressure from the opposition prompted the Government to consider intervening in the case. Mr. Martin emphasized the complexity and rarity of third-party interventions in ICJ cases, citing that since 1948, only four interstate cases under the Genocide Convention had been initiated at the International Court of Justice. Ireland had intervened in one of these cases, Ukraine vs Russia, and after thorough analysis and consultations over six weeks, the decision was made to intervene in the South Africa vs Israel case. Mr. Martin stated that while the determination of genocide falls under the court’s jurisdiction, the events of October 7 in Israel and the current situation in Gaza constitute a significant violation of international humanitarian law.
He highlighted the international community’s calls for an immediate ceasefire, release of hostages, and unimpeded humanitarian aid access. Regarding Israel’s decision to block UNRWA aid to northern Gaza, Mr. Martin deemed it unacceptable. Former UN Special Rapporteur on Human Rights, Fionnuala Ní Aoláin, commended Ireland’s intervention as an important development, emphasizing Ireland’s critical role in affirming the court’s jurisdiction and upholding human rights obligations. Prof.
Ní Aoláin explained the significance of Ireland’s intervention in expressing views on the factual accuracy of the case and the implementation of the court’s provisional measures, particularly the urgent need for a ceasefire and humanitarian aid access in Gaza.
