South Africa Submits 750 pages Extensive Evidence to ICJ Against Israel Alleging Genocide in Gaza

On 16 May 2024, South Africa filed a comprehensive submission to the International Court of Justice (ICJ), accusing Israel of violating the 1948 Genocide Convention amidst its ongoing military operations in Gaza. The filing, presented as a memorial, contains 750 pages of evidence detailing alleged acts of genocide and genocidal intent. The submission also includes over 4,000 pages of annexes, making it one of the most extensive cases filed at the ICJ in recent years.

Submission Details & Key Allegations

• The memorial asserts that Israel has committed acts that fulfill the definition of genocide under the 1948 Genocide Convention.
• According to the South African presidency, the evidence illustrates Israel’s special intent to commit genocide. It further accuses Israel of failing to:
  • Prevent incitement to genocide,
  • Stop acts of genocide, and
  • Punish individuals involved in incitement and commission of genocidal acts.
• The presidency stated, “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.”
• It added, “The devastation and suffering have persisted due to Israel’s failure to comply with international obligations, despite interventions by the ICJ and numerous UN bodies.”

Court Procedures & Deadlines

• The ICJ, following its rules, may not make the submitted documents public, as confirmed by the South African presidency.
• Israel has been given until 28 July 2025 to file a counter-memorial responding to South Africa’s claims.
• South Africa initiated this case in December 2023, alleging that Israel’s actions in Gaza since 7 October 2023 breached the Genocide Convention, to which Israel is a signatory.

Claims of Genocide in the Application

• The original 84-page application included reports from Middle East Eye (MEE), stating that Israel’s actions in Gaza were aimed at partially or fully destroying Palestinians as a national, racial, and ethnic group.
• It cited:
  • Killings of Palestinians,
  • Causing serious bodily and mental harm,
  • Mass expulsion and displacement,
  • Deprivation of adequate food, water, shelter, healthcare, and hygiene.
• The evidence also included statements from Israeli officials that, according to South Africa, demonstrate genocidal intent.

ICJ’s Preliminary Orders & Israel’s Rejection

• On 26 January 2024, the ICJ acknowledged the plausibility of Israel breaching the Genocide Convention and ordered emergency measures, including:
  • Ensuring the Israeli army refrains from genocidal acts,
  • Allowing unimpeded humanitarian aid to Palestinians.
• On 28 March and 24 May, the court issued additional interim orders demanding Israel:
  • Halt its assault on Rafah in southern Gaza,
  • Allow UN investigators access to Gaza.
• Despite these orders, Israel has not complied, prompting the ICJ to note worsening conditions in Gaza and Israel’s continued non-compliance.

Ongoing Conflict & Accusations

• The conflict has persisted for over a year, with Palestinian casualties exceeding 43,000 as of 28 October 2024.
• An Oxfam report on 1 October 2024 indicated that Israeli forces had killed more women and children in Gaza over the past year than in any equivalent period of war this century.
• Israel’s military launched a major operation in northern Gaza on 5 October, imposing a total siege, killing hundreds of Palestinians, and forcing three hospitals to cease operation.
• UN Special Rapporteur on the Right to Food Michael Fakhri reported that Israel’s actions meet the threshold for genocidal acts.

Israel’s Response

• Israel has rejected South Africa’s allegations, calling them a “distortion” of the Genocide Convention and arguing its right to self-defense in response to the 7 October 2023 attacks.
• A UN inquiry in October 2024 accused Israel of committing war crimes and extermination through attacks on Gaza’s healthcare system.

International Reactions & Further Evidence

• Multiple nations, including Bolivia,Maldives, Chile, Turkey, and others, have sought intervention in the ICJ proceedings.
• On 29 May 2024, South Africa presented a 120-page dossier to the UN Security Council, providing additional evidence of genocidal intent.