SA’s ICJ case against Israel would mark a historic first if granted in 2025

Israel must convince the International Court of Justice (ICJ) that South Africa’s assertions of intent of it committing genocide resulting in the death of thousands of Palestinians in Gaza are without merit.

South Africa’s legal team filed hundreds of pages in its memorial to the ICJ in October, saying that it has presented a clear case to the United Nations’ top court in The Hague that Israel is committing genocide in Gaza.

Under ICJ rules, the filing remains confidential until it is published by the court.

SA ICJ case

South Africa’s filing at the ICJ includes 750 pages of primary text, along with more than 4,000 pages of exhibits and annexes, to demonstrate that Israel is intentionally seeking to destroy Palestinians in Gaza.

The presidency said the evidence will show that undergirding Israel’s genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself and its failure to punish those inciting and committing acts of genocide.

“South Africa’s Memorial is a reminder to the global community to remember the people of Palestine, to stand in solidarity with them and to stop the catastrophe.

“The devastation and suffering has been possible only because despite the ICJ and numerous UN bodies’ actions and interventions, Israel has failed to comply with its international obligations.”

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Assertions

Israel must convince the ICJ that South Africa’s assertions of intent are without merit.

Prime Minister Benjamin Netanyahu’s government previously said the suffering of Palestinian civilians in Gaza was the fault of Hamas, and the high number of deaths was a function of how Hamas chose to conduct the war.

Israel has until July 2025 to file its counter-memorial.

“The glaring genocide in Gaza is there for all who are not blinded by prejudice to see,”  the Presidency said, while Israel has failed to comply with its obligations and with emergency ICJ orders, issued before it fully considers SA’s case.

Israel responsible

In July, the ICJ issued a groundbreaking advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory (OPT).

The Court found Israel responsible for racial segregation and apartheid against the Palestinians, and laid out a long list of abuses and violations of international law by Israeli authorities.

It found that Israel’s occupation is illegal, and set out clear standards for Israel to provide reparations to Palestinians.

Historic first

In its initial application, South Africa submitted an 84-page application at the ICJ on 29 December 2023, pleading with the court to find Israel guilty of suspected genocide and order it to, among other things, halt its invasion in Gaza.

Since launching the case at the ICJ, South Africa has approached the court four times, requesting interim measures to halt Israel’s attacks on the occupied territory.

Despite three orders being granted in South Africa’s favour this year, they have had little to no impact on all forms of Israel’s attacks on Palestinian life, essential services and the need for humanitarian aid.

In August, President Cyril Ramaphosa said he was confident that South Africa would prove that Israel is committing genocide against the people of Palestine.

“As the honourable member knows we have continued to take action at the International Court of Justice, having initiated the action last year.

“We have continued to approach that court with further pleas and submissions to the court to make further rulings and to tighten up what they ruled in our favour last year.”

If accepted, South Africa’s case would mark a historic first, as no state has successfully prosecuted another for genocide under the Genocide Convention of 1948.

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