Bolivia seeks intervention in South Africa genocide case against Israel at ICJ

Bolivia formally filed a Declaration of Intervention at the International Court of Justice (ICJ) in the ongoing South Africa v. Israel case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip on Wednesday.

Bolivia invoked Article 63 of the ICJ Statute, which gives states a right to intervene in cases whenever the construction of a multilateral convention is in question. It contends that several key provisions of the Genocide Convention, including Articles I, II, III, IV, V, VI and IX, are central to the case. Bolivia’s intervention aims to provide its interpretation of these articles, potentially influencing the court’s final ruling.

The case was initiated by South Africa on December 29, 2023, alleging that Israel’s actions in the Gaza Strip amount to genocide against the Palestinian people. South Africa asserts that Israel, through its state organs and agents, has committed acts of genocide causing serious harm and creating life-threatening conditions for Palestinians in Gaza. The case emphasizes Israel’s failure to prevent and punish genocide, as well as its continued violations of the Genocide Convention.

Bolivia has joined a growing list of countries, like Colombia, Mexico and Nicaragua, that have either applied for permission to intervene under Article 62 or filed declarations under Article 63. Palestine has intervened by invoking both Articles 62 and 63.

In its Declaration of Intervention, Bolivia underscores the tragic humanitarian crisis unfolding in Gaza and highlights Israel’s alleged non-compliance with previous ICJ orders regarding provisional measures aimed at protecting Palestinian civilians. Despite multiple orders from the ICJ, Bolivia contends that Israel’s military actions have resulted in severe casualties, with over 36,000 Palestinians reportedly killed since October 2023.

South Africa and Israel have been invited by the ICJ to submit their written observations on Bolivia’s intervention in accordance with Article 83 of the Rules of Court.