Belgium on Tuesday filed a formal declaration of intervention at the International Court of Justice (ICJ) in the case brought by South Africa against Israel under the Genocide Convention, marking the latest development in the ongoing proceedings concerning Israel’s military actions in the Gaza Strip.
According to an ICJ press release issued on 23 December 2025, Belgium invoked Article 63 of the Statute of the Court, which allows states that are parties to an international convention under interpretation to intervene in proceedings involving that convention.
By intervening, Belgium accepts that the Court’s interpretation of the relevant provisions of the Genocide Convention will be legally binding on it.
Belgium stated that its intervention focuses on the construction of Articles I to VI of the Genocide Convention, with particular emphasis on Article II and the requirement of specific intent, known in international law as dolus specialis or genocidal intent.
The Belgian declaration argues that the existence of an armed conflict does not preclude a finding of genocidal intent and that the pursuit of military objectives does not, in itself, negate such intent.
In its submission, Belgium referenced prior ICJ jurisprudence, including provisional measures issued in the case concerning The Gambia v. Myanmar, to support its position that compliance with international humanitarian law does not automatically constitute a defence to allegations of genocide.
It argued that violations of humanitarian law may serve as evidence of genocidal intent, while the absence of such violations does not prevent the Court from reaching such a finding.
The ICJ confirmed that both South Africa and Israel have been invited to submit written observations in response to Belgium’s declaration of intervention, in line with Article 83 of the Court’s Rules.
South Africa instituted proceedings against Israel on 29 December 2023, alleging breaches of the Convention on the Prevention and Punishment of the Crime of Genocide in relation to Palestinians in Gaza.
Since then, the Court has issued multiple orders indicating provisional measures, including directives aimed at preventing acts prohibited under the Convention and facilitating humanitarian assistance.
Belgium joins a growing list of states that have sought to intervene in the case under Articles 62 or 63 of the ICJ Statute.
Other countries that have filed interventions include Colombia, Spain, Türkiye, Ireland, Brazil, and several others, reflecting the wide international interest in the Court’s interpretation of the Genocide Convention in this matter.
