South Africa is reviewing Israel’s formal response in the ongoing proceedings before the International Court of Justice concerning allegations of genocide in the Gaza Strip, marking another stage in one of the most closely observed legal disputes in contemporary international law.
According to a statement issued by the South African Presidency, the government is assessing Israel’s counter memorial filed with the International Court of Justice on 12 March 2026. Pretoria will determine whether to request permission from the Court to submit additional written observations or to proceed directly to the oral phase of the case. The proceedings form part of the case initiated by South Africa in December 2023, which alleges violations of the Convention on the Prevention and Punishment of the Crime of Genocide in relation to the ongoing conflict in Gaza.
The case is currently being heard at the International Court of Justice in The Hague, the principal judicial organ of the United Nations. According to the Court’s procedural framework, written pleadings typically involve a memorial submitted by the applicant state and a counter memorial from the respondent state before hearings may move to oral arguments. Further rounds of written submissions can occur if the Court authorises replies or rejoinders. Details of the procedural stages are outlined by the Court on its official website at https://www.icj-cij.org.
South Africa initially filed its memorial with the Court on 28 October 2024. Israel’s response followed two deadline extensions granted by the Court after an initial deadline set for July 2025. Israel’s submission constitutes its formal legal reply to the allegations and forms part of the evidentiary and legal record that judges will consider when deliberating the case.
President Cyril Ramaphosa stated that South Africa remains committed to engaging the international legal process in accordance with its obligations under international law and the United Nations Charter. The presidency emphasised that Pretoria views the case as part of a broader commitment to multilateral dispute resolution mechanisms and the enforcement of international humanitarian law.
The legal action brought by South Africa centres on the 1948 Genocide Convention, a foundational treaty adopted in the aftermath of the Second World War that obliges states to prevent and punish acts defined as genocide. The convention forms part of the framework of international criminal and humanitarian law overseen by institutions such as the United Nations and the International Court of Justice. Further information on the treaty can be accessed through the United Nations Treaty Collection at https://www.un.org/en/genocideprevention/genocide-convention.shtml.
When South Africa first approached the Court in December 2023, it requested provisional measures requiring Israel to prevent acts that could fall within the scope of the Genocide Convention and to facilitate humanitarian assistance to civilians in Gaza. In January 2024, the Court issued provisional measures directing Israel to take steps to prevent acts prohibited under the convention and to ensure humanitarian aid access, while the substantive case continues to be heard. The provisional measures ruling remains publicly available through the ICJ case documentation portal at https://www.icj-cij.org/case/192.
The South African government has consistently framed its participation in the case within a wider commitment to international legal accountability and solidarity with civilian populations affected by armed conflict. Officials have also emphasised that the proceedings should be understood within a global system of law in which any state party to the Genocide Convention may bring a dispute before the Court.
The Presidency’s statement also referred to broader regional tensions in the Middle East, including developments in Lebanon and the Gulf, warning that escalating conflict could have implications for international peace and security. These concerns echo statements issued by the United Nations Secretary General and other international actors regarding the risk of wider regional instability linked to the Gaza conflict. Updates on the humanitarian situation are regularly reported by the United Nations Office for the Coordination of Humanitarian Affairs at https://www.unocha.org.
Across Africa, the case has been widely interpreted within the continent’s longstanding engagement with international justice mechanisms and anti colonial legal traditions. Legal scholars note that African states have historically played influential roles in shaping global legal norms through institutions such as the United Nations and the International Criminal Court. South Africa’s case has therefore been discussed in many African policy forums as part of a broader effort to assert the relevance of international law in addressing contemporary conflicts.
At present, the International Court of Justice has not issued a final judgment on the merits of the case. The judicial process may extend over several years due to the complexity of legal arguments, evidence submissions, and the procedural rights afforded to both parties. Further developments will depend on the Court’s procedural decisions and the subsequent scheduling of hearings.
South Africa has indicated that it will continue to participate in the proceedings until the Court delivers its final ruling.
