Brazil joins South Africa’s ICJ case accusing Israel of genocide in Gaza

Brazil has formally joined South Africa’s case at the International Court of Justice (ICJ) accusing Israel of genocide in Gaza, deepening international pressure on Israel over its military campaign and humanitarian blockade.

The intervention, announced by Brazil’s Ministry of Foreign Affairs, was filed under Article 63 of the ICJ Statute, which allows any state party to the Genocide Convention to present its interpretation when the treaty is under review. Brazil said its decision was guided by “serious concerns” about violations of international humanitarian law, citing attacks on civilians, restrictions on aid deliveries, and the use of starvation as a weapon of war.

“Brazil cannot remain silent in the face of violations that threaten international peace and security,” the ministry said in a statement. “Our intervention seeks to strengthen the international legal order and to reaffirm the universal application of the Genocide Convention.”

South Africa filed its case in December 2023, alleging that Israel’s military operations in Gaza amount to genocide against the Palestinian population. The ICJ has since issued provisional measures ordering Israel to prevent genocidal acts and allow humanitarian assistance, though the Court has not ruled on the merits of the case.

By intervening, Brazil gains the right to submit written arguments on the interpretation of the Genocide Convention, particularly Articles I through III, which define states’ obligations to prevent and punish genocide. The Court’s eventual interpretation will also be binding on Brazil.

Diplomatically, the move underscores President Luiz Inácio Lula da Silva’s more assertive foreign policy, positioning Brazil alongside countries such as Spain, Ireland, Mexico and Türkiye that have already declared support for South Africa’s case. Analysts say it reflects Lula’s broader effort to project Brazil as a leader of the Global South and a defender of multilateral institutions.

Israel’s embassy in Brasília condemned the decision, accusing the Brazilian government of ignoring Hamas’ role in the conflict and misrepresenting Israel’s right to self-defense.

The case has become one of the most politically charged disputes before the ICJ in decades, with ramifications well beyond the courtroom. A final ruling could take years, but further provisional measures are possible as the humanitarian crisis deepens.

For Brazil, the intervention carries both diplomatic risks and opportunities. It bolsters its image as an advocate for international law and humanitarian principles, but could strain ties with Western partners who reject the framing of Israel’s actions as genocide.

As the ICJ proceedings continue, the involvement of an increasing number of states is raising the profile of South Africa’s case and intensifying global scrutiny of Israel’s conduct in Gaza.

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