Declaration of Intervention of Libya

(
The state of libya focuses its intervention on the proper construction of the
provisions concerning the duty not to commit and to prevent genocide and the
duty to punish genocide in Article I, read in conjunction with Article II, and
Articles III (a), III (b), III (c), III (d), III (e), IV, V and VI; of the genocide
convention.
The state of libya claims that Israel has violated the Genocide Convention by
"engaging in genocide against the Palestinian people and the failure to prevent
genocide and failure to punish genocide in violation of Articles I, II, IV and VI"
and "failing to enact the necessary legislation to give effect to the provisions of
the Genocide Convention and to provide effective penalties for persons guilty of
genocide or of any of the acts enumerated in Article III, in violation of Article
V".
Israel has violated the provisions of the Genocide Convention, including the
duty to punish. The proper construction of Articles I, II, IV, V and VI is
therefore in
question in the case and is the subject of this Declaration. The State of Libya
reserves the right to supplement or amend the present Declaration and the scope
of its observations, to the extent additional matters of construction arise as the
case progresses or as it becomes aware of them upon receipt of the parties'
pleadings and documents annexed to them, in accordance with Article 86(1) of
the Rules of the Court.
Statement of the construction of Article I, read in conjunction with Article
II, and Articles III (a), III (b), III (c), III (d), III (e), IV, V and VI; of the
convention.
The provisions of the Genocide Convention should be construed in accordance
with Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties
(the "Vienna Convention"), which the Court has confirmed represent customary
international law. Article 31(1) provides that: "A treaty shall be interpreted in
good faith in accordance with the ordinary meaning to be given to the terms of
the treaty in their context and in the light of its object and purpose." Article
31(3) makes clear that, together with the context, the interpretation of a treaty
must take account of the subsequent practice of the parties to the treaty to the
extent that this establishes the agreement of the parties regarding the treaty's
interpretation, as well as any relevant rules of international law applicable in the
relations between the parties to the treaty. According to Article 32 of the Vienna
Convention, recourse may also be had to supplementary means of interpretation,
including the travaux preparatoires of the treaty.
In accordance with the Vienna Convention, the state of Libya will refer to other
rules of international law applicable between the parties to the Genocide
Convention, including relevant treaties and customary international law, to
support the construction of the Genocide Convention for which it contends, and
will refer to the Convention's travaux preparatoires to supplement its
5
,•
The state of libya focuses its intervention on the proper constmction of the
provisions concerning the duty not to commit and to prevent genocide and the
duty to punish genocide in Article I, read in conjunction with Article II, and
Articles III (a), III (b ), III ( c ), III ( d), III ( e ), IV, V and VI; of the genocide
convention.
The state of libya claims that Israel has violated the Genocide Convention by
"engaging in genocide against the Palestinian people and the failure to prevent
genocide and failure to punish genocide in violation of Articles I, II, IV and VI"
and "failing to enact the necessary legislation to give effect to the provisions of
the Genocide Convention and to provide effective penalties for persons guilty of
genocide or of any of the acts enumerated in Article III, in violation of Article
V".
Israel has violated the provisions of the Genocide Convention, including the
duty to punish . The proper construction of Articles I, II, IV , V and VI is
therefore in
question in the case and is the subject of this Declaration. The State of Libya
reserves the right to supplement or amend the present Declaration and the scope
of its observations, to the extent additional matters of construction arise as the
case progresses or as it becomes aware of them upon receipt of the parties'
pleadings and documents annexed to them, in accordance with Article 86( 1) of
the Rules of the Court.
Statement of the construction of Article I, read in conjunction with Article
II, and Articles III (a), III (b), III (c), III (d), III (e), IV, V and VI; of the
convention.
The provisions of the Genocide Convention should be construed in accordance
with Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties
(the "Vienna Convention"), which the Court has confirmed represent customary
international law. Article 31 ( 1) provides that: "A treaty shall be interpreted in
good faith in accordance with the ordinary meaning to be given to the terms of
the treaty in their context and in the light of its object and purpose." Article
31(3) makes clear that, together with the context, the interpretation of a treaty
must take account of the subsequent practice of the parties to the treaty to the
extent that this establishes the agreement of the parties regarding the treaty's
interpretation, as well as any relevant rules of international law applicable in the
relations between the parties to the treaty. According to Article 32 of the Vienna
Convention, recourse may also be had to supplementary means of interpretation,
including the travaux preparatoires of the treaty.
In accordance with the Vienna Convention, the state of Libya will refer to other
rules of international law applicable between the parties to the Genocide
Convention, including relevant treaties and customary international law, to
support the construction of the Genocide Convention for which it contends, and
will refer to the Convention's travaux preparatoires to supplement its
5