198… We are faced with the genocidal policy of a State against a national subgroup, the Palestinians, who claim their right to self-determination and to the defence of a sovereign and independent Palestinian State in the Territory illegally occupied by Israel.
199. This policy, pursued over a prolonged period of time with the unequivocal objective of concealing its dolus specialis, consists of a series of acts and omissions which, even if they could have gone unnoticed due to ignorance of their context and duration, confirm the execution of a genocide that has been ongoing for several decades.
200. Violations of international humanitarian law or the establishment of a disgraceful apartheid regime are crimes per se, but they are also part of this policy of generalized genocide, aggravated by the condition of the State of Israel as an occupying power. This holistic vision must lead to interpretative declarations on the Convention that are capable of avoiding any present and future impunity.
201. Impunity is precisely the other salient feature of the present case, to the point that the failure of the United Nations system in this regard for decades merits special declarations that guarantee the effectiveness of the Convention.
202. It is precisely in this context that the Republic of Cuba decides to file this Declaration of Intervention before the Honourable International Court of Justice. The people, State and Government of the Republic of Cuba are convinced that the exercise of the rights and obligations granted under Article 63, paragraph 2, of the Statute of the Court and the Convention itself, is a sine qua non of Cuba’s status as a member of the United Nations and a State party to relevant international instruments.
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