Spain seeks permission to join South Africa’s genocide case against Israel at the UN

In a significant development, Spain has become the first European country to seek permission from a United Nations court to join South Africa’s lawsuit accusing Israel of genocide in Gaza.

The case, filed by South Africa at the International Court of Justice (ICJ) in late 2023, claims that Israel’s military operations in Gaza constitute a breach of the genocide convention.

The ICJ has earlier directed Israel to halt its military activities in Rafah, a city in southern Gaza, although it has not mandated a complete cease-fire across Gaza.

The Court explicitly noted the catastrophic humanitarian conditions in Gaza, which have markedly worsened since the onset of Israeli military operations.

The judges stressed that the actions in Rafah not only pose a real and imminent risk to the Palestinian population but have already led to extensive displacement and suffering.

Despite the court’s orders, Israel continues its military operations, asserting that these actions are essential to counteract Hamas following the group’s deadly attacks on southern Israel on 7 October, where 1,200 people were killed and 250 taken hostage.

Spanish Foreign Minister José Manuel Albares emphasized the need for peace in the Middle East and voiced support for the court’s role in achieving this goal.

“We want peace to return to Gaza and the Middle East, and for that to happen we must all support the court,” Albares stated in Madrid.

España va a intervenir en el procedimiento del Tribunal Internacional de Justicia ante la situación en Gaza.

Lo hacemos por compromiso con @ONU_es y con el Derecho Internacional. Para apoyar la labor del Tribunal. Para evitar más muertes de civiles. Por la paz. pic.twitter.com/WQRI1tDyrk

— José Manuel Albares (@jmalbares) June 6, 2024

The participation of Spain in this case could involve making written submissions and speaking at public hearings. This move aligns with the Socialist government’s broader support for peace initiatives in Gaza, highlighted by Spain, Ireland, and Norway’s recent recognition of a Palestinian state, a move not yet supported by major Western powers.

Critics, including Israeli Foreign Minister Israel Katz, argue that Spain’s actions, particularly recognizing a Palestinian state, amount to complicity in inciting genocide against Jews and committing war crimes. However, the Spanish government, backed by domestic support and recent protests by university students, remains firm in its stance.

The genocide case against Israel is one of several high-profile international legal battles. Previously, the ICJ permitted Spain and 31 other nations to join Ukraine’s case against Russia, which similarly alleges breaches of the genocide convention.

As the legal proceedings are expected to extend over several years, Spain’s immediate goal, according to Albares, is to pressure Israeli Prime Minister Benjamin Netanyahu to adhere to the ICJ’s interim measures and cease hostilities in Rafah.

The conflict in Gaza has escalated, with recent Israeli military actions extending into central Rafah and causing significant casualties, including strikes near a U.N. facility.

The ongoing conflict has resulted in over 36,586 Palestinian deaths and 83,074 injuries since October last year.