The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, from Monday 19 to Monday 26 February 2024, at the Peace Palace in The Hague, the seat of the Court.
Brazil adds voice to Gaza hearings at ICJ
The Hague: Brazil has formally requested to intervene in the ongoing case at the International Court of Justice (ICJ) concerning alleged violations of the Genocide Convention in Gaza, the ICJ informed today. The case, launched by South Africa against Israel in December 2023, has become a central focus of international law and has already drawn in several other states.
On September 17, 2025, Brazil submitted its declaration of intervention under Article 63 of the ICJ Statute. This article gives states the right to join proceedings when the interpretation of a treaty, to which they are also parties, is under discussion. Any binding interpretation that the Court makes would then apply equally to all states party to the treaty, not just the original parties.
Brazil is a party to the ‘Convention on the Prevention and Punishment of the Crime of Genocide’, adopted in 1948. The Convention was created after World War II and the Holocaust to prevent and punish acts intended to destroy groups based on nationality, ethnicity, race, or religion. It places legal duties on states to prevent genocide and punish perpetrators.
Brazil argued that Articles I, II and III of the treaty—which describe the obligation to prevent and punish genocide, define the crime, and list punishable acts—are central to this case and shared its view on how they apply. The ICJ has asked South Africa and Israel to submit written responses to Brazil’s declaration.
South Africa filed its case on December 29, 2023, accusing Israel of breaching the Genocide Convention through military actions against Palestinians in Gaza. South Africa requested urgent provisional measures—temporary actions ordered by the Court to prevent harm during ongoing proceedings. The ICJ ordered Israel in early 2024 to take steps to prevent acts that could amount to genocide, but did not require a ceasefire. Subsequent requests for additional measures were similarly granted by the Court.
Several states have sought to join the case through intervention, a legal process allowing countries to participate when the interpretation of a treaty they have signed is argued. Brazil is the latest under Article 63. Other interveners include Colombia, Libya, Mexico, Spain, Türkiye, Chile, the Maldives, Bolivia, Ireland, Cuba, Belize and Palestine.
On jurisdiction, the ICJ has prima facie jurisdiction over Israel because it is party to the Genocide Convention. However, Israel has not accepted the compulsory jurisdiction of the ICJ by way of the optional clause declaration, nor has it ratified the Genocide Convention through a formal notification accepting ICJ jurisdiction in disputes concerning the Convention specifically. This means the ICJ’s jurisdiction depends on treaty provisions and Israel’s consent for this matter.
By contrast, the United States, which supports Israel’s offensive in Gaza, signed but never ratified the Genocide Convention and has not accepted the ICJ’s compulsory jurisdiction regarding this treaty. Therefore, the US is not involved in this case.
The ICJ is the judicial organ of the United Nations, composed of 15 judges elected for nine-year terms. It settles legal disputes between states according to international law and gives advisory opinions. Although its rulings are binding, enforcement depends on the parties and sometimes the UN Security Council.
Brazil’s intervention adds another important voice to this landmark dispute over the interpretation and application of one of the world’s most important treaties aiming to prevent genocide.
– global bihari bureau
