Nicaragua withdraws intervention request in South Africa's ICJ case

To date, Libya, Mexico, “Palestine,” Spain, Turkey, Chile, the Maldives, Bolivia, Cuba, Ireland and Belize have initiated proceedings to intervene in the case under Articles 62 and 63.

 IRELAND HAS joined South Africa in its accusations of genocide at Israel. Here, jurist Malcolm Shaw looks on at the ICJ during a ruling on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza in May. (photo credit: JOHANNA GERON/REUTERS)
IRELAND HAS joined South Africa in its accusations of genocide at Israel. Here, jurist Malcolm Shaw looks on at the ICJ during a ruling on South Africa’s request to order a halt to Israel’s Rafah offensive in Gaza in May.
(photo credit: JOHANNA GERON/REUTERS)

Nicaragua withdrew its application on Tuesday to intervene in the International Court of Justice’s case, launched by South Africa, investigating claims of genocide in the Gaza Strip. 

The country initially applied to intervene in the case, the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) in January 2024.

To date, Libya, Mexico, the Palestinian territories, Spain, Turkey, Chile, the Maldives, Bolivia, Cuba, Ireland, and Belize have initiated proceedings to intervene in the case under Articles 62 and 63.

 A PROTESTER draped in a Palestinian flag holds up a sign near the International Court of Justice in The Hague, in May. Taken all the way to the ICJ, the defamation accusation against Israel fell flat when no one could effectively or credibly prosecute the case for such an outlandish assertion (credit: JOHANNA GERON/REUTERS)
A PROTESTER draped in a Palestinian flag holds up a sign near the International Court of Justice in The Hague, in May. Taken all the way to the ICJ, the defamation accusation against Israel fell flat when no one could effectively or credibly prosecute the case for such an outlandish assertion (credit: JOHANNA GERON/REUTERS)

It is unclear if Nicaragua has dropped or intends to drop a case filed at the ICJ against Germany for giving financial and military aid to Israel and for defunding the UN Palestinian refugee agency (UNRWA).

On what grounds can states intervene in an ICJ case?

The ICJ explained that “Article 62 of the Statute allows a State to seek permission to intervene in a case between other States, and thereby participate in the proceedings, when it considers that it has an interest of a legal nature which may be affected by the decision of the Court in that case. 

“Article 63 affords states not parties to a dispute the right to intervene in a case when that case concerns the construction of a convention to which they are also parties; the interpretation of the relevant parts of that convention given by the court in its decision in the case will then be equally binding on those states.”