South Africa Prepares Next Legal Step in ICJ Genocide Case Against Israel

The Presidency said it has taken note of the latest order issued by the ICJ in the matter brought by South Africa under the Convention on the Prevention and Punishment of the Crime of Genocide.

South Africa's case against Israel at the International Court of Justice (ICJ) has entered a new procedural phase following a court order setting deadlines for the next round of legal submissions.

The Presidency said it has taken note of the latest order issued by the ICJ in the matter brought by South Africa under the Convention on the Prevention and Punishment of the Crime of Genocide.

The case, which was instituted in December 2023, centres on South Africa's allegation that Israel's actions in Gaza violate obligations contained in the Genocide Convention.

Court Sets Timeline for Further Pleadings

According to the ICJ order issued on 21 May 2026, South Africa has until 22 November 2027 to submit its Reply to Israel's written pleading, known as a Counter-Memorial, which was filed in March this year.

Israel will then have until 22 May 2029 to file its Rejoinder, completing the next stage of the written proceedings.

The Presidency said the order followed consultations held in The Hague on 29 April 2026 between representatives of both countries and the President of the Court to determine the way forward.

Officials explained that a second round of written submissions is a standard procedure in cases brought before the ICJ under the Genocide Convention and has been used in previous matters of this nature.

Jurisdiction Challenge to Form Part of South Africa's Response

A key issue in the next phase of the proceedings is Israel's challenge to the court's jurisdiction.

The Presidency noted that Israel raised objections to the ICJ's authority to hear the case in its Counter-Memorial submitted in March 2026.

According to South Africa, these objections were filed much later than what is ordinarily contemplated under the court's rules, which generally require jurisdictional objections to be raised as early as possible and no later than three months after the applicant's memorial has been delivered.

As a result, South Africa will address Israel's jurisdictional objections in its forthcoming Reply.

The Presidency also pointed out that written pleadings remain confidential under the Rules of Court unless the ICJ decides otherwise.

Government Reaffirms Position on Genocide Allegations

The Presidency referred to public comments made by Israel's legal representatives following the submission of the Counter-Memorial. According to those statements, Israel maintains that its military operations in Gaza are aimed at eliminating Hamas and other armed groups.

South Africa has rejected the notion that claims of self-defence can be used as a legal answer to allegations of genocide.

The Presidency reiterated its position that self-defence does not constitute a defence to genocide under international law.

Government also stressed that Israel remains bound by the provisional measures previously ordered by the ICJ.

Those measures were issued after the court found that the rights of Palestinians in Gaza face a real and imminent risk of irreparable harm.

The orders require Israel to take steps to prevent genocidal acts, facilitate the delivery of humanitarian assistance and basic services, and allow access for United Nations commissions of inquiry and other investigative bodies operating in relation to the conflict.

As the legal process continues, South Africa says it remains committed to pursuing the matter before the world's highest court for disputes between states.