South Africa’s Case Against Israel: A Genocidal Intent

• South Africa initiated proceedings against Israel at the International Court of Justice (ICJ) in January 2024, alleging that its military campaign in Gaza constitutes genocide.

• The court issued provisional measures, including directives to ensure the unimpeded delivery of humanitarian aid into Gaza.

• The situation in Gaza has worsened, with Israel violating a six-week ceasefire and resumed its assault in March.

• As the humanitarian crisis worsens, a global consensus is emerging, with heads of state, senior UN officials, and leading international jurists increasingly characterising Israel’s conduct in Gaza as genocide.

• Genocide, coined in 1944 by Polish-Jewish jurist Raphael Lemkin, is a crime under international law and is considered the gravest of international crimes.

• The duty to prevent and punish genocide gives rise to an erga omnes obligation, owing all states to act against genocide wherever it occurs.

• The ICJ’s stringent evidentiary standard has been criticized for making genocide “near-impossible” to prove, even when actions and rhetoric strongly suggest such intent.

• Israel’s non-compliance and continued assault raise doubts about the credibility of the rules-based international order.

• South Africa claims standing to bring the case to the ICJ.

• Proving that genocide has occurred requires establishing two essential elements: the act itself and the intent behind it.

Israel’s Claims and Response to South Africa’s Genocide Allegations

Key Claims against Israel

• Francesca Albanese, UN Special Rapporteur on the situation of human rights in Palestinian territories, believes Israel has crossed the threshold for committing genocide.

• The systematic destruction of residential areas, critical infrastructure, hospitals, universities, mosques, water systems, agricultural zones, and cultural heritage sites is evidence of a policy aimed at making Palestinian life in Gaza unsustainable.

• A UN Commission of Inquiry found that Israeli air strikes, shelling, burning, and controlled demolitions have destroyed more than 90% of schools and university buildings across the Gaza Strip.

• Over 58,000 people have been killed, including more than 17,000 children.

• Gaza now reportedly has the highest per capita number of amputee children in the world.

South Africa’s Allegations to the International Criminal Court (ICJ)

• South Africa accused Israel of “weaponising international humanitarian law” to shield its actions from accountability.

• Israel maintains that its military campaign targets Hamas and not civilians, who it claims are affected only as collateral damage.

• The ICJ’s evidentiary standard for proving genocidal intent remains stringent and has come under increasing criticism.

The Road Ahead

• A final verdict by the ICJ on South Africa’s genocide allegations against Israel is likely to take years, as it must follow extensive hearings on jurisdiction and the merits of the case.

• The proceedings are increasingly seen as a litmus test for the credibility of the so-called “rules-based international order.”

Within the UN framework, a strong case has emerged for suspending Israel from the UN General Assembly (UNGA) due to its persistent violations of the Charter and binding Security Council (UNSC) resolutions.

• Major Western powers have confined their responses to muted diplomatic criticism, particularly following the collapse of the ceasefire in Gaza in March.