On 29 December 2023, the Republic of South Africa filed an application to initiate proceedings against Israel before the International Court of Justice (ICJ), alleging Israel’s violations of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in its military and other actions against Palestinians in the Gaza Strip.

According to the Application, “acts and omissions by Israel…are genocidal in character, as they are committed with the requisite specific intent…to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel—through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence—in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”

In particular, South Africa charges that operations of Israel’s occupation forces against Hamas “are genocidal in character, as they are committed with the requisite specific intent… to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group.”

South Africa’s application states also that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”

The application seeks the Court’s jurisdiction under Article 36.1 of the Statute of the Court and Article IX of the Genocide Convention, to which both South Africa and Israel are parties. It also requests provisional measures (under Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court) to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide.” The request for provisional measures under Article 74 of the Rules “shall have priority over all other cases.”

The response from Israel said South Africa’s accusations were “baseless “and a “blood libel.” Israel rejected “with contempt the blood libel by South Africa in its application to the International Court of Justice.” The Israeli Foreign Ministry said in a statement: “South Africa’s claim has no factual and judicial basis and is a despicable and cheap exploitation of the court,” and that “South Africa is collaborating with a terror group that calls for the destruction of the State of Israel.”

See the full Application and the Request for the indication of provisional measures.

Photo: An exterior view of the Peace Palace, which houses the ICJ, or World Court, in The Hague, Netherlands. Source: AP/Peter Dejong.

Themes

• Armed / ethnic conflict • Indigenous peoples • International • Legal frameworks • People under occupation • UN system