Brazil, Gaza and the trial at the international court

Mauro Vieira
Minister of Foreign Affairs of Brazil

I have been following with lively interest the ongoingdebate in Brazil since President Lula announced our country´s political support for South Africa's initiative to institute proceedings before the International Court of Justice (ICJ) to protect the Palestinian population, under the terms of the Convention on the Prevention and Punishment of the Crime of Genocide. Besides Brazil, at least 65 countries have expressed their political support for South Africa`s application. Two of them, Jordan and Bangladesh, formalized their intention to intervene as a third party in the case.

Political support does not prejudge any decision on the merits regarding the determination of possible violations of the convention. It is up to the Court`s 15 judges to deliberate independently on the issue, including with regard to the obligation, from which no State can exempt itself, to prevent and punish the crime of genocide.

So why does Brazil support South Africa`s application instituting proceedings before the Court?

International organizations, independent experts and the competent humanitarian agencies have highlighted, with unprecedented vehemence, the possibility of serious violations of international law in Gaza, including of the Genocide Convention. In fact, there has been an alarming number of civilians among the victims over a short period of time.

More than 24,000 people have been killed, 70% of whom are women and children, in just over a hundred days of military operations. There are also serious reports of restricted access to basic services and obstacles to the provision of humanitarian assistance, in a scenario of widespread destruction of Gaza's civilian infrastructure.

Given the serious situation on the ground, which includes an alarming death toll of 142 United Nations humanitarian workers and around 100 journalists, it seems essential that the UN's main judicial body speaks out.


It is important to underscore, moreover, that the provisional measures required by South Africa to mitigate the risk of genocide, by calling for "an
immediate suspension of military operations in and against Gaza", could foster the necessary humanitarian relief and desirable environment for political
dialogue that allows the resumption of negotiations of a solution between two states living side by side, in
peace and security, within mutually agreed and internationally recognized borders.

Brazil reaffirms that Israel has the right to defend and protect its citizens, and, in this sense, to act within the principles of international law to prevent
and punish terrorist acts. In line with its foreign policy traditions, Brazil immediately and firmly condemned the October 7 Hamas terrorist attacks.
Brazil also deems the urgent ceasing of hostilities in Gaza a top priority, as demonstrated by its active role at the UN Security Council.

Trying to define the application filed by South Africa as an expression of anti-Semitism is an unfortunate way of trying to change the subject. Ultimately, it is also an unfortunate way of questioning the legitimacy of an important multiracial democracy in the Global South, marked by an emblematic history of fight against racial discrimination, of calling on the ICJ to protect the most fundamental rights of humanity.

The criticism that Brazil's position would affect its credentials as a supposed mediator in this and in other global issues rests on the mistaken assumption
that Brazil is a candidate for some sort of universal mediating role. This pretension does not exist and is not realistic. Mediators are chosen specifically by the parties to the conflict.

In addition to coherence and consistency in its foreign policy, Brazil's prestige and recognition before the international community presume courage and
pride in taking a stance regarding the signs of serious violations of a people's fundamental rights.