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Arab-Israeli conflicts

South Africa's Genocide Case Against Israel: Unraveling the International Court of Justice's (ICJ) Enigmatic Process

Strategic Insights

— 2 min read

As the international community grapples with the complexities of the Israeli-Palestinian conflict, South Africa has instituted a case against Israel at the International Court of Justice (ICJ) in the Hague, alleging genocide in Gaza. Human rights law scholar Magnus Killander explains the lengthy and intricate process, highlighting the slow pace of international justice.

Key Takeaways:

  • The ICJ process is expected to conclude in 2028, with multiple deadlines and potential preliminary objections from Israel.
  • The court has set deadlines for memorials and counter-memorials from South Africa and Israel, respectively, with possible extensions.
  • South Africa's case is compared to the Gambia v Myanmar case, which has been ongoing since 2019 and is expected to conclude in 2026.
  • The ICJ has a history of slow proceedings, as seen in the Bosnia and Herzegovina v Serbia and Montenegro case, which concluded in 2007.
  • Preliminary objections by Israel are likely, which would require a few months of response time from South Africa and a subsequent oral hearing.
  • An oral hearing on preliminary objections would be held, followed by an ICJ judgment, and potentially a new deadline for Israel's counter-memorial on the merits.
  • The ICJ would then consider requests from states to intervene, set timelines for their submissions, and hold written and oral hearings before delivering a final judgment.
  • The judgment will decide whether Israel breached the Genocide Convention through its actions in Gaza, likely with hundreds of pages of detailed factual and legal analysis.
  • The point of the ICJ's orders is to enforce international law, but the process is often ignored, and enforcement measures by the UN security council are not possible given the United States' veto power.
  • States have an obligation to attend to the international law situation, and outside and inside pressure from stakeholders may lead to necessary change.

Statistics:

  • The ICJ has 15 permanent judges, including South Africa's Dire Tladi, and an ad hoc judge in the South Africa v Israel case.
  • There have been three advisory proceedings dealing with Palestine, and the latest one is expected to address access to humanitarian aid.
  • The provisional measures issued by the ICJ on 26 January 2024, 28 March 2024, and 24 May 2024 remain in force.
  • South Africa has not requested additional provisional measures since the last ones were issued in May 2024.
  • The UN General Assembly has requested an advisory opinion on the obligations of Israel in relation to the presence and activities of the United Nations, other international organizations, and third states in relation to the Occupied Palestinian Territory.

Sources:

  • "Is Israel committing genocide in Gaza? International court will take years to decide, but states have a duty to act now" by Magnus Killander, The Conversation -- Africa, 2.
  • The International Court of Justice (ICJ).
  • The United Nations (UN).
  • The International Criminal Court (ICC).

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