Disha Tandon, Pune
Bolivia has officially joined hands with South Africa genocide case against Israel before the International Court of Justice, but more importantly from an international response to the Gaza conflict: On October 8, 2024, Bolivia filed its Declaration of Intervention, which accused Israel for its military actions in Gaza of violating the UN Genocide Convention. It puts Bolivia in a list of other countries such as Colombia, Libya, Mexico, Spain, Nicaragua, and Turkey who have supported the South African legal challenge that was first lodged last December.
Background of the Case
The ICJ case stems from South Africa’s accusation that Israel committed genocidal acts during its military operations in Gaza started in retaliation against the attack by Hamas on Israel on October 7, 2023. Critics of Israel’s response subsequent to this attack argue that it targets civilians disproportionately, and since the war started, the Palestinian deaths reported by Gaza’s Ministry of Health are more than 42,000; most of them are civilians.
The ICJ, in January 2024, issued an interim order, urging Israel to put a stop to military activities and give UN investigators unrestricted access to Gaza. Israeli Prime Minister Benjamin Netanyahu dismissed the ruling as “outrageous” and emphasized Israel’s right to self-defense against terrorists.
Bolivia Response to Intervene
Bolivia’s move to intervene is in line with its historical stance in solidarity with the Palestinian cause. In November 2023, Bolivia broke ties with Israel, condemning what it called “disproportionate” Israeli military operations in Gaza. In Bolivia’s third move to the ICJ, it perceives itself having a “duty to condemn the crime of genocide.” The country has invoked Article 63 of the ICJ Statute, which allows states to intervene in cases involving the interpretation of multilateral treaties, such as the Genocide Convention.
In the paper, Bolivia has underlined the critical humanitarian situation in Gaza, with mass displacement and deplorable living conditions for civilians. Joining this case will contribute to putting the country more solidly behind its adherence to international law and calls for justice for Palestine.
Increasing International Support
Bolivia’s intervention joins a growing list of countries seeking international accountability for Israeli actions in Gaza. South Africa is the leading petitioner, arguing a number of times before the ICJ that emergency measures were necessary to confront Gaza’s humanitarian crisis; other interventions include those from Turkey and Palestine.
While decisions given by the ICJ are legally binding, it has no mechanisms in place to ensure implementation. Still, the increasing number of states joining the case highlights the importance of the legal proceedings and the rising diplomatic pressure on Israel to change its approach.
The Humanitarian Cost
The human cost of the conflict in Gaza is devastating. Adding to food shortages, displacement, and widespread violence is a deepening humanitarian crisis. “It’s unspeakable suffering,” UNRWA Executive Director Philippe Lazzarini said. Most of the casualties were women and children among Gaza’s 2 million residents struggling to survive amid the carnage.