Eduardo González
Spain presented yesterday before the International Court of Justice (ICJ) a Declaration of Intervention in the procedure initiated by South Africa against Israel on the Application of the Convention for the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, as reported by the Ministry of Foreign Affairs.
On June 6, the Minister of Foreign Affairs, José Manuel Albares, announced Spain’s intention to join the procedure opened by the ICJ, the main judicial body of the UN, which has issued preliminary measures to protect the Palestinian civilian population. of the Gaza Strip and for Israel to end the Rafah military operation, allow access to humanitarian aid to the Gaza Strip (medicine, food, fuel and water) by opening the border crossings.
In this Intervention Declaration, Spain pronounces on some aspects that it considers of particular relevance, such as the interest in the Court examining the obligation to prevent the commission of genocide in light, on the one hand, of the precautionary measures issued by the Court. , which are mandatory; and, on the other, the situation caused by the lack of access of humanitarian aid to the Gaza Strip and the destruction of infrastructure.
The Declaration has been presented in application of Article 63 of the Statute of the Court, as a State party to the 1948 Convention against Genocide. The Convention recognizes that the State parties have the right to intervene in these types of procedures and, with this Declaration of Intervention, Spain makes use of this right, as other States have already done (Colombia, Mexico or Palestine) and as others will do. have already announced their intention to intervene (Ireland, Belgium or Chile).
According to ICJ Judge Joan E. Donoghue, the charges brought against Israel fall within the scope of the Genocide Convention and, therefore, Palestinians are entitled to protection as a group. Furthermore, the judge has determined that the ICJ has jurisdiction over this case, which upholds South Africa’s right to sue Israel for alleged violation of the Convention and allows the litigation to move forward.
Spain takes this step “moved by its responsibility as a State party to the Convention” and does so “because of its firm commitment to International Law and the work of the International Court of Justice, supporting its role as the highest judicial body of the United Nations system.” United and as guarantor of a multilateral order based on rules,” the Ministry said in a press release.
“With this intervention, Spain seeks to contribute to the return of peace to Gaza and the Middle East,” he continued. “The objective is to end the war and begin to advance the implementation of the two states, which is the only guarantee so that Palestinians and Israelis can live together in peace and security, and stability is achieved throughout the region,” he added. By presenting the Declaration of Intervention, Spain undertakes to abide by the Court’s ruling, which will also be obligatory for our country.
