The Colombian Foreign Ministry On April 5, it presented its request to intervene in the lawsuit that South Africa filed in the International Court of Justice (ICJ) against Israel for acts of “genocide” in Loop.
The highest court confirmed that it received the request. According to the ICJ, the Colombian government argued that the Genocide Convention (1948) is “a cardinal instrument of international law” and the case “raises vital questions concerning the interpretation and application of various provisions” that reflect obligations of the international community as a whole and of the States parties to the treaty.
The raising of this request is part of the position that the Colombian Executive has been expressing in relation to the conflict in Gaza. President Gustavo Petro has said on several occasions that he supports this demand, since he believes that the Israeli prime minister, Benjamin Netanyahu is violating norms contained in the 1948 Convention for the Prevention of Genocide.
In a message sent to the media, the Colombian Foreign Ministry made a “call for other States Parties to the 1948 Convention to join this procedure.”
Gustavo Petro and Benjamin Netanyahu.
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Why does Colombia want to intervene and what comes next?
Although South Africa was the country that filed the claim at the ICJ, Colombia invoked the article 63 of the Hague Statute which allows other States to intervene in the processes carried out in said court.
But Colombia does not become a party to the case nor is it bound by the rest of the sentence. You cannot present claims, nor request reparation measures, nor are you subject to one of the parties in the case filing counterclaims against you.
Regarding this, the Government of Colombia says: “In the case brought to the attention of the Court by South Africa against Israel on December 29, 2023, the interpretation of several provisions of the 1948 Genocide Convention is at stake. Colombia is party to this treaty and therefore has the right to intervene in this process.”
After submitting this request for Colombia to declare, the ICJ must now verify that the declaration complies with all the requirements of Article 63. When it is declared admissible, Colombia begins to participate in the process.
But beyond the international mechanisms that allow Colombia to participate in this process, President Gustavo Petro has been one of the world leaders who has most shown his concern about what is happening in Gaza.
“Colombia is convinced that the international community must act and support the right of the Palestinian people to exist, which is threatened by Israel's actions,” says the Colombian Foreign Ministry. In other words, Colombia wants to express its position in this case.
Women and children top the list of those most affected by Israel's military operations in the Gaza Strip.
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What specifically does Colombia want with this intervention?
According to the statement issued by the Foreign Ministry, what Bogotá seeks is to “establish our interpretation of the norms of the 1948 Convention against Genocide.”
Colombia defended that it asks to intervene “in the genuine belief that the States parties to the Genocide Convention should do everything in their power to contribute to ensuring the prevention, suppression and punishment of genocide,” which is why it wants to help the ICJ to “determine the responsibility of any State Party to the Convention for its failure to comply with the obligations contained therein,” Bogotá added.
While “at the political level, the government wants to support South Africa's brave action of bringing Israel to justice.” international Court of Justice for the genocide being committed in Gaza in violation of the 1948 Convention, as well as materialize the expressions of solidarity with the Palestinian cause that have been made in the past,” adds the Foreign Ministry.
What legal effects will the intervention have?
“By intervening in the process, Colombia is bound by the interpretation that the Court makes of the articles of the Convention against Genocide that the Court addresses in its ruling. But Colombia does not become a party to the case nor is it bound by the rest of the sentence. You cannot present claims or request reparation measures, nor are you subject to one of the parties in the case filing counterclaims against you. Nor can he appoint an ad hoc judge,” says the Colombian Foreign Ministry.
The number of children dying in Gaza from malnutrition will continue to grow rapidly without a ceasefire.
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What has happened so far with the South African lawsuit?
Within the framework of South Africa's demand, the UN court based in The Hague demanded that Israel on January 26 prevent any act of genocide and facilitate the entry of humanitarian aid to the Gaza Strip, the epicenter of the war against terrorism. Palestinian Islamist group Hamas. However, heThe ICJ has not yet determined whether Israeli operations in Gaza fall under the legal concept of genocide.
What happened in Gaza?
The conflict broke out on October 7 after the unprecedented attack by Hamas on Israeli soil, in which 1,170 people, mostly civilians, were killed, according to a new AFP count based on official data. Islamist fighters also captured more than 250 people, of whom 130 are still held in Gaza, including 34 who have died, according to Israeli authorities.
In response, Israel launched a relentless air and ground offensive in Gaza, which has already left 33,037 Palestinians dead, according to the Ministry of Health of the territory, ruled by Hamas since 2007. Last week, the United Nations Security Council adopted a resolution that calls for a ceasefire, but in practice it has had no impact on the conflict. The Colombian presidency applauded that decision and insists that Israel's alleged violations “cannot go unpunished.”
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