Netherlands and Iceland move to intervene in ICJ genocide case over Gaza brought by South Africa

The Netherlands and Iceland have filed declarations of intervention in the genocide case brought by South Africa against Israel at the International Court of Justice (ICJ), the court announced on 12 March 2026.

Both countries submitted their declarations on 11 March under Article 63 of the court’s statute in the case titled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip.

According to the ICJ, Article 63 allows states that are parties to a convention being interpreted in a case before the court to intervene in proceedings.

The provision enables states to present their interpretation of the treaty involved in the dispute. If they intervene, the court’s final interpretation becomes binding on them as well.

The interventions by the Netherlands and Iceland are based on their status as parties to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention.

Following the submissions, the court invited both parties to the dispute — South Africa and Israel — to provide written observations on the declarations of intervention.

The ICJ said the full texts of the submissions have been published on its website.

Netherlands highlights displacement, starvation and harm to children

In its declaration, the Netherlands argued that several types of conduct could be relevant when determining genocidal intent under the convention.

The submission said the forcible displacement of civilians could constitute an act of genocide or contribute to genocidal acts and may play an important role in assessing intent.

The Netherlands also highlighted that genocidal acts could include starvation and the deliberate withholding of humanitarian assistance.

It stated that such actions could be significant factors in determining whether genocidal intent exists.

The declaration further emphasised that crimes committed against children should be assessed carefully, noting that acts targeting children may carry particular weight in evaluating genocidal intent.

Iceland urges broader interpretation of genocidal intent

In its own submission, Iceland argued that the determination of genocidal intent should not be restricted to situations where genocide is the only reasonable inference from the acts committed.

The country said that the presence of other possible intentions alongside genocidal intent should not automatically prevent the court from concluding that genocide has occurred.

Iceland also emphasised the need for careful scrutiny of attacks against children, particularly acts involving torture or serious mental harm.

Background to the case

The case was initiated on 29 December 2023, when South Africa filed an application instituting proceedings against Israel before the ICJ, the principal judicial organ of the United Nations.

South Africa alleged that Israel had violated its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip.

According to the application, Israel’s actions and omissions were described as “genocidal in character”, and South Africa argued that Israel had failed to prevent genocide and to prosecute alleged incitement to genocide.

South Africa also requested the court to order provisional measures aimed at protecting Palestinians in Gaza while the case proceeds.

The ICJ issued its first order on provisional measures on 26 January 2024 following public hearings earlier that month.

In that binding order, the court directed Israel to take all measures within its power to prevent acts falling under Article II of the Genocide Convention.

These include acts such as killing members of the group, causing serious bodily or mental harm and deliberately inflicting conditions of life calculated to bring about the group’s physical destruction.

The court also instructed Israel to ensure its military does not commit such acts and to prevent and punish direct and public incitement to genocide.

It further ordered Israel to allow urgently needed humanitarian assistance and basic services to reach Palestinians in Gaza and to preserve evidence related to alleged acts under the convention.

In subsequent rulings on 28 March and 24 May 2024, the court reaffirmed and expanded those provisional measures after determining that conditions in Gaza had deteriorated.

Among the additional requirements, the ICJ ordered Israel to halt its military offensive and other actions in the Rafah Governorate that could impose conditions of life capable of bringing about the physical destruction of Palestinians in Gaza in whole or in part.

The court also directed Israel to allow the unhindered delivery of humanitarian assistance and keep the Rafah crossing open for aid.

Human toll of the conflict

The humanitarian impact of the conflict in Gaza has continued to intensify as the case proceeds before the court.

According to figures reported by the Gaza Ministry of Health and Palestinian media, more than 72,000 Palestinians have been killed in the territory since the start of Israel’s military offensive following the 7 October 2023 attacks.

More than 171,000 people have been reported injured, while many others are believed to remain trapped under rubble due to ongoing hostilities.

The reported death toll includes a high proportion of women and children, according to health authorities in Gaza.

Growing number of intervening states

Several other countries have also sought to intervene in the proceedings under either Article 62 or Article 63 of the ICJ Statute.

Those seeking to participate include Colombia, Libya, Mexico, Palestine, Spain, Türkiye, Chile, the Maldives, Bolivia, Ireland, Cuba, Belize, Brazil, the Comoros, Belgium and Paraguay.

The case remains ongoing at the International Court of Justice in The Hague.