South Africa's genocide case against Israel

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
CourtInternational Court of Justice
Full case name Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
Started29 December 2023
(1 year, 5 months and 3 weeks)
Transcripts
ClaimIsrael has committed, and is committing, genocidal acts and genocide against Palestinians in the Gaza Strip in violation of the Genocide Convention
Court membership
President
Associate judges
Keywords

The Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) is an ongoing case that was brought before the International Court of Justice on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip during the Gaza war, that resulted in a humanitarian crisis and mass killings.

South Africa alleged that Israel had committed and was committing genocide against Palestinians in the Gaza Strip, contravening the Genocide Convention, including what South Africa described as Israel's 75-year apartheid, 56-year occupation, and 16-year blockade of the Strip. South Africa requested that the ICJ indicate provisional measures of protection, including the immediate suspension of Israel's operations. Israel characterized South Africa's charges as "baseless", accusing the country of "functioning as the legal arm" of Hamas. Israel said that it was conducting a war of self-defense in accordance with international law following the Hamas-led attack on its territory on 7 October 2023.

Two days of public hearings were held on 11 and 12 January 2024 at the Peace Palace in The Hague. According to Joan Donoghue, the President of the court during the initial hearing, the court did not rule on the plausibility that Israel's actions in Gaza Strip could amount to genocide, but decided that Palestinians had a plausible right to be protected from genocide and that South Africa had the right to present that claim in the court. The court issued provisional measures, in which it ordered Israel to take all measures to prevent any acts contrary to the 1948 Genocide Convention, but did not order Israel to suspend its military campaign. The court also expressed concern about the fate of the hostages held in the Gaza Strip and recognized the catastrophic situation in Gaza. In late February, Human Rights Watch and Amnesty International asserted that Israel had failed to comply with the ICJ's provisional measures and that obstructing the entry and distribution of aid amounted to war crimes.

On 28 March 2024, following a second request for additional measures, the ICJ ordered new emergency measures, ordering Israel to ensure basic food supplies, without delay, as Gazans face famine and starvation. On 24 May, by 13 votes to two, the court issued what some experts considered to be an ambiguous order but which was widely understood as requiring Israel to immediately halt its offensive in Rafah. Israel rejected this interpretation and continued with its offensive operations.