South Africa Takes Israel to International Court of Justice Over Gaza Attacks

29 December 2023

South Africa has approached the International Court of Justice (ICJ) under the Genocide Convention, expressing deep concern about the ongoing Israeli attacks on the Gaza Strip. The nation is particularly alarmed by the indiscriminate use of force and forcible removal of inhabitants, leading to a dire situation for civilians caught in the crossfire.

There are mounting reports of international crimes, including crimes against humanity and war crimes, being committed during these attacks. Additionally, South Africa asserts that acts potentially meeting the threshold of genocide, as defined in the 1948 Convention on the Prevention and Punishment of Genocide, have occurred and may still be ongoing amid the tragic events in Gaza.

South Africa, a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide, has consistently condemned all violence and attacks against civilians, including Israelis. The country has repeatedly called for an immediate and lasting ceasefire, emphasizing the need for resuming talks to address the root causes of the conflict stemming from the prolonged belligerent occupation of Palestine.

In response to these grave concerns, the South African Cabinet convened a special meeting on 8 December 2023. During this meeting, it was decided that the ICJ in The Hague should be approached to seek an order directing Israel—also a State Party—to refrain from any acts that may constitute genocide or related crimes as defined by the Convention.

The formal application was submitted to the ICJ on 29 December 2023. In this application, South Africa urgently requests the court to declare that Israel is in breach of its obligations under the Genocide Convention. The filing calls for an immediate cessation of all acts and measures violating these obligations, urging Israel to take a series of related actions to address the pressing humanitarian crisis in Gaza.

This bold move by South Africa underscores the commitment to upholding international law and ensuring accountability for alleged violations, as the world watches closely for developments in this critical legal challenge.