Belgium Intervenes in Landmark ICJ Case on Genocide Convention Interpretation

Sonam Pandey
December 17, 2024

The Hague, 16/12/2024

Belgium has stepped into the high-profile case at the International Court of Justice (ICJ) concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) by filing a declaration of intervention under Article 63 of the ICJ Statute.

The declaration, submitted on 12 December 2024, allows Belgium, as a party to the 1948 Genocide Convention, to participate in the proceedings to offer its interpretation of the treaty. Specifically, Belgium aims to address the construction of Article II of the Genocide Convention, which defines the crime of genocide. Under Article 63, any State party to a treaty being interpreted in ICJ proceedings has the right to intervene, with the Court’s judgment binding on all intervening States.

This case was initiated by The Gambia in 2019, accusing Myanmar of committing acts of genocide against the Rohingya minority. The Gambia seeks a declaration that Myanmar has violated the Genocide Convention, demands reparations for the victims, and calls for guarantees of non-repetition. Over the years, the ICJ has issued key orders, including provisional measures requiring Myanmar to protect the Rohingya population and preserve evidence of alleged genocidal acts.

Belgium’s intervention comes as the case has attracted significant global attention, with several other nations, including Canada, France, Germany, and the Maldives, already intervening. Notably, Slovenia and the Democratic Republic of the Congo also filed declarations of intervention earlier this month. The Gambia and Myanmar have been invited to submit written observations on Belgium’s intervention, as per ICJ procedures.

The ICJ has emphasized that its rulings in such cases set binding precedents on treaty interpretations, making Belgium’s intervention a critical contribution to shaping the global understanding of the Genocide Convention.

Tap here Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar: 7 States intervening)