South Africa’s Case Against Israel

On January 11, 2024, South Africa presented a genocide case against Israel in front of the International Court of Justice (ICJ) for claims of violating the obligations of the Genocide convention. The claims by South Africa were rooted in the similarities of Israeli warfare and the South African apartheid regime of racial Segregation. South Africa’s formal application for legally binding orders for Israel to suspend military operations against Gaza followed Israeli claims to expand their operations into established refugee territory. Israel’s prime minister responded with a vow to continue the war until Hamas was destroyed and the Israeli hostages in Gaza are freed.

The present conflict is only an extension of Israel’s historically poor relationship with the ICJ. After they were issued a non-binding opinion concerning their barrier wall in 2004, Israel did not attend any of the advisory hearings and wrote off the case completely. Later, following the Gaza War of 2008-2009, as well as the 2014 Gaza War, Israel refused cooperation with follow-up investigations. They also refused a separate ongoing investigation, the Human Rights Council Investigation against Palestinian abuse. The main issue with the interactions between Israel and the UN or the ICJ is that although they are the highest judicial bodies, they do not have the police force to combat retaliation.

With their primary concern of civilian-warfare interactions in mind, South Africa requested Israel to cease their hostilities, provide reparations, and reconstruct Gaza. The prime minister, rejected these requests and denounced the genocide claim, saying that South Africa’s case ‘“is calling for the destruction of the State of Israel, and that its “claim lacks both a factual and a legal basis.”’

January 26th, 2024, the ICJ found South Africa’s claims to be plausible and decreed a binding order, requiring Israel to take measures in order to prevent genocide. These decrees include punishment against individuals who commit similar acts or influence other individuals to commit acts that may violate the Genocide Convention.

“The State of Israel shall…Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as
medical supplies and medical care to Palestinians throughout Gaza, including by
increasing the capacity and number of land crossing points and maintaining them open
for as long as necessary.”
March 28th Press Release

“By fifteen votes to one…Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.”
March 28, 2024 Press Release