South Africa's Case Against Israel at the International Court of Justice: A Delicate and Slow-Moving Process

South Africa's case against Israel at the International Court of Justice (ICJ) in the Hague has sparked global attention, with the country accusing Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide through its actions in Gaza. The case has been ongoing since late December 2023, with the ICJ setting deadlines for the submission of memorials and counter-memorials from both South Africa and Israel. However, the process is expected to take several years, with a final decision unlikely before 2028. International law scholar Magnus Killander explains the complex and slow-moving nature of the ICJ's proceedings, highlighting the lengthy procedures and the potential for multiple rounds of submissions and hearings.

Key Takeaways:

• The ICJ has set two deadlines for the submission of memorials and counter-memorials: South Africa's memorial by 28 October 2024 and Israel's counter-memorial by 28 July 2025.
• However, Israel requested an extension, which was granted by the ICJ, pushing the submission deadline for Israel's counter-memorial to 12 January 2026.
• Preliminary objections by Israel may delay the proceedings further, potentially leading to multiple rounds of submissions and hearings.
• If Israel's preliminary objections are unsuccessful, the ICJ will set a new deadline for Israel's counter-memorial on the merits, which may again be extended.
• The ICJ has 15 permanent judges, including South Africa's Dire Tladi, and an Israeli ad hoc judge in the South Africa v Israel case.
• The final judgment will be hundreds of pages of detailed factual and legal analysis, with separate opinions from many of the 16 judges.
• The case is expected to conclude in 2028, although a comparison with previous cases suggests similar timelines.
• The ICJ has so far held a state accountable for genocide in one case, the 2007 case against Serbia and Montenegro for the 1995 genocide in Srebrenica.
• International law scholar Magnus Killander predicts that most ICJ judges will find that both acts of genocide and incitement to genocide have taken place in the South Africa v Israel case.

Statistics:

• The ICJ has set two deadlines for the submission of memorials and counter-memorials (South Africa by 28 October 2024 and Israel by 28 July 2025).
• Israel requested an extension, which was granted by the ICJ, pushing the submission deadline for Israel's counter-memorial to 12 January 2026.
• 12 months were added to the initial deadline for Israel's counter-memorial.
• The ICJ has 15 permanent judges, including South Africa's Dire Tladi.
• The case is expected to conclude in 2028.
• The ICJ has so far held a state accountable for genocide in one case (the 2007 case against Serbia and Montenegro for the 1995 genocide in Srebrenica).

Sources:

• Magnus Killander, Human rights law scholar
• International Court of Justice (ICJ)
• "South Africa v Israel: The ICJ Case," International Court of Justice
• "Bosnia and Herzegovina v Serbia and Montenegro," International Court of Justice
• "Gambia v Myanmar," International Court of Justice
• "International Criminal Tribunal for the Former Yugoslavia," International Criminal Tribunal for the Former Yugoslavia
• "Ratko Mladic v International Criminal Tribunal for the Former Yugoslavia," International Criminal Tribunal for the Former Yugoslavia
• "International Criminal Court (ICC)," International Criminal Court (ICC)
• "UN General Assembly Resolution 68/102," UN General Assembly
• "ICJ Advisory Opinion on the Legality of the Construction of a Wall in the Occupied Palestinian Territory," International Court of Justice
• "ICJ Advisory Opinion on the Legal Consequences of the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem," International Court of Justice