In a historic move, South Africa launched a landmark case at the International Court of Justice (ICJ) on 29 December, 2023. The case alleges that Israel’s actions in Gaza constitute genocide, breaching the 1948 UN Genocide Convention. South Africa, as a signatory, has an obligation to act. The African National Congress (ANC) supports this move, seeing parallels between Israel’s actions and South Africa’s past apartheid policies.
The ICJ responded quickly, issuing provisional measures in January 2024. It ordered Israel to prevent genocidal acts in Gaza but stopped short of demanding a military halt. By May 24, 2024, the ICJ mandated Israel to halt its Rafah offensive, citing catastrophic conditions, but Israel rejected the order 56. Over 35,800 Palestinians have died in Gaza since October 2023, with famine threatening 2.2 million due to aid blockades. Human Rights Watch and Amnesty International accused Israel of non-compliance, highlighting obstructed aid and worsening starvation. South Africa submitted a detailed 750-page report in October 2024. Israel must reply by July 2025.
Global Reactions and Support
Over 14 nations and organizations, including the Organization of Islamic Countries (OIC), the Arab League, Spain, Malaysia, Jordan, Bolivia, the Maldives, Namibia, Pakistan, Colombia, Brazil, Chile and Turkey, supported South Africa’s case. Ireland advocates expanding the definition of genocide to include systemic destruction of Palestinian life. Protests worldwide reflected growing scrutiny of Israel’s actions in Gaza. South Africa points to mass displacement and suffering as evidence. Although ICJ rulings bind nations, enforcement remains weak. Still, the case shapes global views on the conflict.
Expanding Legal Front
The ICJ’s provisional measures required Israel to ensure humanitarian aid and preserve evidence of potential crimes. However, Human Rights Watch and Amnesty International accused Israel of non-compliance, citing obstructed aid and worsening famine. Meanwhile, Israel defended its actions as self-defense against Hamas, emphasizing hostage rescue operations.
On 24 May, the ICJ ordered Israel to halt its military assault on the southern Gaza city of Rafah, days after the International Criminal Court’s chief prosecutor requested arrest warrants for Israeli Prime Minister, Benjamin Netanyahu, his Defense Minister Yoav Gallant and three senior Hamas leaders for war crimes and crimes against humanity committed in the Gaza Strip.
While the ICJ has no means to enforce its orders, the decision further increases pressure on Israel, marking its global isolation over its brutal campaign on Gaza. The landmark emergency ruling in the case brought by South Africa against Israel, accusing it of genocide, has stirred reactions across the world.
The case remains unresolved, with Israel’s counter-memorial due by July 2025. Legal experts warn the proceedings could take years, but South Africa’s efforts have galvanized global scrutiny of Israel’s conduct.
South Africa’s case has been opposed by the United States; U.S. National Security Council spokesperson John Kirby said the U.S. found the “submission meritless, counterproductive, completely without any basis in fact whatsoever”.
