Article 41. “By confirming that genocide is a crime that can be committed «in time of peace or in time of war», Article I clarifies that a nexus with war or armed conflict is not required for the crime of genocide to occur. Furthermore, it also establishes that the existence of war or armed conflict does not justify the commission of genocide or constitute a legitimate defence – even in circumstances in which the right to self-defence is said to be exercised. Moreover, it is important to note that the Court has observed in its advisory opinions of 9 July 2004 and 19 July 2024 that the exercise of self-defence is not legally applicable in the Gaza Strip due to the ongoing occupation.”

Persbericht én de eigenlijke tekst van de “Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). Türkiye files a declaration of intervention in the proceedings under Article 63 of the Statute.”