Tag: South Africa v. Israel

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South Africa submits dossier to the ICJ on Israel’s non-compliance with Provisional Measures Orders by South Africa Department of International Relations and Cooperation

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On 25 August 2026, South Africa submitted a substantial dossier of information to the ICJ, in order to assist the Committee of Judges responsible for monitoring the implementation of the Provisional Measures and recommending potential options for the Court. The dossier was submitted pursuant to Article 11 of the ICJ’s rules concerning Internal Judicial Practice, which provides that such a committee “shall examine information supplied by the parties in relation of provisional measures”. South Africa trusts in the Court’s continued and diligent exercise of its functions.

… South Africa’s continuing efforts at the Court follow its earlier submissions of Letters enclosing Public Dossiers of evidence to the United Nations Security Council on 29 May 2024, 27 February 2025 and 8 September 2025, urging all States to urgently act so as to prevent and punish genocide and to ensure Israel’s compliance with the Court’s Provisional Measures Orders. Similarly, Letters enclosing Dossiers of evidence on starvation were submitted by South Africa to the United Nations General Assembly and the United Nations Economic and Social Counsel in October 2025, requesting their urgent action under Article VIII of the Genocide Convention.

… Israel’s failure to comply with the Provisional Measures Ordered by the Court undermines their protective function and entails further destruction of the Palestinian group.The Provisional Measures were not only ordered to protect the rights of the Palestinian people under the Genocide Convention, they also safeguard the administration of justice and the legitimacy of the ICJ itself, by ensuring that the rights the Court is called upon to vindicate are not destroyed before it renders its final decision.

Continue reading at https://dirco.gov.za/south-africa-submits-dossier-to-the-icj-on-israels-non-compliance-with-provisional-measures-orders/#

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Beyond the Orders: An Analysis of the ICJ’s Decisions, Opinions and Declarations in South Africa v. Israel by Al-Haq

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Despite these landmark legal developments, Israel’s genocide continues unabated. The international community, and individual States, have not only failed to hold Israel accountable and enforce international law – including the binding provisional measures indicated by the Court – they have protected Israel’s impunity, and continued to provide it with diplomatic cover as well as the financial and material means necessary to carry out its genocide against Palestinians in Gaza, where the situation has deteriorated beyond belief.

Continue reading at https://www.alhaq.org/publications/27218.html

Read the full report at https://www.alhaq.org/cached_uploads/download/2025/12/29/beyond-the-orders-1-1767031760.pdf

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Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel): Belgium files a declaration of intervention in the proceedings under Article 63 of the Statute of the Court

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41, First, in certain cases, the same act (for example, murder) can constitute both a crime of genocide and a serious violation of international humanitarian law, that is, a war crime. This dual classification is perfectly conceivable in law and frequent in practice, provided that the various constituent elements of each of the two crimes—including, in the case of the crime of genocide, genocidal intent—are present.

42. Second, since the rules governing armed conflict and the crime of genocide are distinct and autonomous, the conformity of certain acts with international humanitarian law does not preclude these same acts from constituting, where applicable, a violation of the Convention. In its aforementioned 2007 judgment, the Court thus rejected the defendant’s argument that the deportations or expulsions in question did not constitute the crime of genocide because they were justified under international humanitarian law. The Court emphasized that “such justification could not be accepted if specific intent (dolus specialis) were proven.” Similarly, and a fortiori, considerations based on the mere perception or designation by a belligerent of members of a protected group as “enemies,” as a “threat,” or as supporters of the opposing party in the context of an armed conflict, cannot suffice to exclude genocidal intent.51

… 44. This is not to say that no factual link can be established between the two legal regimes. In particular, the fact that no military objective can reasonably be put forward to support certain acts, or that said acts constitute, in any event, violations of international humanitarian law, can contribute to revealing genocidal intent. In this sense, the Court has held that the fact that attacks caused “far more casualties and damage than was necessary from a military point of view” is among “the most important criteria” for establishing the existence of a course of action reflecting genocidal intent. Similarly, to establish genocidal intent in connection with the Srebrenica massacre, the International Criminal Tribunal for the former Yugoslavia noted, in particular, that the acts in question that “no attempt, even a purely formal one, was made to distinguish civilians from soldiers,” and furthermore, Belgium fully subscribes to this jurisprudence and, in particular, to the finding that acts against children or other vulnerable persons, or acts that fail to distinguish them from persons likely to
constitute a threat during armed conflict, can especially contribute to revealing genocidal intent.4

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20251223-pre-01-00-en.pdf

Read the original in French at https://www.icj-cij.org/sites/default/files/case-related/192/192-20251223-int-01-00-fr.pdf

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Is Genocide Happening in Gaza? by Melanie O’Brien

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Many people are asking the question, ‘is genocide happening in Gaza?’. The question was explored in the media in the early days after 7 October 2023 (see, e.g., here and here), but has gained traction in recent months, with global media doing extensive investigative pieces including interviews with multiple genocide scholars (including the author) (see, e.g., here, here, here, here, here, here, here, here and here). The term has been used by authors of posts on this blog (e.g. here, here and here), and other blogs (e.g. here, here and here). The term has also been applied by human rights organisations (see also here), including Israeli human rights organisations, and UN experts. The question merits a straightforward legal analysis, applying the law (the definition of genocide as found in the Genocide Convention and the International Criminal Court’s Rome Statute) to the facts.

Continue reading at https://opiniojuris.org/2025/08/04/is-genocide-happening-in-gaza/

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Court Order: APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL) by International Court of Justice

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… [The Co-Agent of Israel] indicated that exceptional demands had been placed on Israel in terms of having to deal concurrently with various intervention proceedings in the case;

… the Agent of South Africa stated that his Government was of the view that the request for an extension of the time-limit for the filing of the Counter Memorial should be rejected, since Israel did not provide adequate justification for such an extension… the Agent emphasized that a delay in addressing a genocide claim would be unjustifiable considering the humanitarian situation in Gaza and Israel’s continuing acts and omissions in violation of the Genocide Convention;

Taking into account the views expressed by the Parties, [the court] Extends to 12 January 2026 the time-limit for the filing of the Counter-Memorial of the State of Israel;

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20250414-ord-01-00-en.pdf

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Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel): DECLARATION OF INTERVENTION BY BELIZE (International Court of Justice, January 2025)

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42. This is precisely the object of Belize’s intervention in the present proceedings. As explained above, Belize’s “interest of a legal nature” that may be affected by the decision in the case is Belize’s interest in Israel’s compliance with its obligations under the Genocide Convention in respect of Gaza. The “precise object of [Belize’s] intervention”86 is to protect that interest. That is, to protect Belize’s interest in ensuring that Israel is held accountable for its violations of the Genocide Convention; its interest in ensuring that the authors of genocide do not enjoy impunity; and its interest in the prevention, suppression and punishment of genocide. Belize’s intervention would not introduce a new case.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20250131-int-01-00-en.pdf

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Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel): DECLARATION OF INTERVENTION BY IRELAND pursuant to Article 63 of the Statute of the International Court of Justice

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  2. On behalf of the Government ofireland, I have the honour to submit to the International Court of Justice (‘ the Court’) the following Declaration of Intervention pursuant to Article 63, paragraph 2, of the Statute of the Court (‘the Statute’) in the Case Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). 
  4. … in Ireland’s view the Convention should be considered not only as a criminal law instrument that obliges Contracting Parties to establish jurisdiction over, and punish commission of, the crime of genocide by individuals, but also as a human rights instrument that obliges them not to commit genocide as well as to prevent genocide against any national, ethnical, racial and religious group (a ‘protected group’) under their protection or within their power. 

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20250106-int-01-00-en.pdf

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South Africa delivers evidence of Israel genocide to ICJ by The Presidency Republic of South Africa

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  1. South Africa has filed its Memorial to the International Court of Justice (ICJ) today, 28 October 2024, in its case on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
  3. In accordance with the Rules of Court, the Memorial may not be made public. The filing of this memorial takes place at a time when Israel is intensifying the killing of civilians in Gaza and now seems intent to follow a similar path of destruction in Lebanon.
  5. … 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. 
  7. The evidence is detailed in over 750 pages of text, supported by exhibits and annexes of over 4,000 pages. 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.

Continue reading at https://www.thepresidency.gov.za/south-africa-delivers-evidence-israel-genocide-icj

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DECLARATION OF INTERVENTION BY THE PLURINATIONAL STATE OF BOLIVIA: Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip by International Court of Justice

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  1. The Government of the Plurinational State of Bolivia submits the present Declaration of Intervention in the genuine belief that the States Parties to the Genocide Convention should do everything in their power to contribute to ensure the prevention, suppression, and punishment of genocide, and therefore to assist the Court in finding the responsibility of any State Party to the Convention for its failure to comply with the obligations contained therein, especially in the context of such a dramatic situation as that unfolding in the Gaza Strip.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20241008-int-01-00-en.pdf

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Genocide and Political Economy: Reconstructing The Relationship by Ntina Tzouvala

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  1. [T]he crux of South Africa’s argument is built around Art. II para (c) of the Genocide Convention, which involves “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.” Even though this provision still centres on physical destruction, it nevertheless enabled South Africa to advance two important arguments. First, South Africa’s submission was able to capture the totality of destruction carried out since the 7th of October. Instead of focusing on individual attacks and their immediate victims (as international humanitarian law does), Art. II para (c) allows for a comprehensive evaluation that captures the complex web of physical infrastructure, service provision, human relationships, natural environment, and tacit knowledge that make life possible at a very elementary level. It is, therefore, notable that the written submissions did not only focus on the deliberate starvation of Palestinians (even though this is, arguably, the most immediate danger), but cast a wider net that included destruction of homes, mass expulsion, deprivation of food through the blocking of aid and the destruction of food systems, deprivation of access to clean water, deprivation of access to adequate clothing and sanitation, destruction of medical facilities, and the killing of medical professionals. Importantly, the submission highlights the deliberate destruction of legal infrastructure, such as courts, as well as universities, archives, religious sites, public libraries, and of prominent community leaders as part of a broader pattern of physical destruction of the Palestinian people in Gaza. One of the main effects of the submission is to give legal expression to the complex structure and relationships of Gazan society. In contrast to other provisions of the Genocide Convention that focus on physical harm and death in a narrower way, examining a people’s “conditions of life” allows us to see them not as a one-dimensional victim of violence but as members of a rich, societal tapestry. Perhaps more accurately, this provision allows us to see Palestinians as victims of genocide precisely because it makes visible the complex realities of their society.

Continue reading at https://lpeproject.org/blog/genocide-and-political-economy-reconstructing-the-relationship/