Johannesburg [South Africa], October 29 : South Africa has taken a significant step by submitting a legal claim to the International Court of Justice (ICJ) against Israel, alleging "genocidal intent" in Gaza.
At an undisclosed location last week, South African lawyers prepared hundreds of pages of material supporting the assertion, as Israeli leaders gathered near the Gaza border openly called for the "migration" of Palestinians, a statement South African diplomats argue signals Israel's genocidal intent, Al Jazeera reported.
During a conference near the Gaza border last Monday, Israeli Security Minister Itamar Ben-Gvir reportedly called for Palestinians to vacate Gaza, suggesting, "We are giving you the chance, leave from here to other countries," while Israeli forces continued an intense bombardment of the area.
South African diplomats believe statements like these substantiate their claims of genocidal intent and plan to submit a legal memorial to the International Court of Justice (ICJ) on Monday, detailing the allegations.
The case centres around South Africa's claims that Israel has committed and failed to prevent genocidal acts, including killings, serious bodily and mental harm, and imposing conditions intended to destroy a substantial part of the Palestinian national, racial, and ethnic group in Gaza.
South Africa's legal team includes three senior counsels, an international law professor, and a British barrister, all working alongside diplomats and a team of junior lawyers. Together, they have compiled over 500 pages of evidence, drawing from recent statements by Israeli politicians, destruction documented in Gaza, and historical maps illustrating encroachment on Palestinian territories.
According to Zane Dangor, South Africa's Director-General of International Relations, the deadline required them to halt further evidence gathering despite new findings emerging daily. "The legal team will always say we need more time, more facts is coming," he said. "But we have to say you have to stop now. You [have] got to focus on what you have."
This week's submission marks a significant move for South Africa, which argues that Israel's actions far exceed proportional military responses and amount to a systematic attempt to depopulate Gaza.
Ambassador Vusimuzi Madonsela, South Africa's representative to The Hague, voiced confidence in the volume of evidence gathered, explaining, "The problem we have is that we have too much evidence."
Statements made by Israeli officials have been catalogued as indicators of Israel's overarching agenda, with South African legal researchers aiming to connect the rhetoric to tangible actions on the ground. While some legal experts call proving Israel's genocidal intent an "enormous challenge," South Africa remains confident in its case.
International law professor Cathleen Powell from the University of Cape Town explained the difficulty of directly linking official statements to state-led genocide, saying, "It is difficult to attribute the intent of officials to the state."
South Africa's initial plea to the ICJ in December, spanning 84 pages, petitioned for an immediate halt to Israel's military operations in Gaza. Since then, teams of lawyers and researchers have catalogued numerous examples of violent rhetoric and actions aimed at the Palestinian population.
In response, Israel has vehemently denied allegations of genocide, framing its actions as self-defence against Hamas attacks. Israel asserts that the proper legal framework is the law of armed conflict, not the Genocide Convention.
Statements from Israeli Defence Minister Yoav Gallant, which were cited as evidence, likened Gaza's future to Lebanon's, warning that Israel could "do in Beirut" what it has done in Gaza.
South Africa's case is unprecedented as it raises genocide allegations while the conflict remains active, contrasting with other genocide cases tried after the fact. Dangor explained that the immediacy of evidence strengthens the submission.
"This is markedly different from historical cases where evidence emerged much later and in fragments," he said. He also noted that South Africa's case against Israel, a state-supported by Western allies, challenges long-standing assumptions in international responses to allegations of genocide.
South African President Cyril Ramaphosa expressed his support in August, saying he was "hopeful about its outcome." Ramaphosa further reiterated his commitment to Palestinian statehood during a recent BRICS summit, stating, "We do believe the world cannot stand by and watch the slaughtering of innocent people continuing."
The ICJ has set a July 2025 deadline for Israel to file counter-arguments, with oral hearings anticipated in 2026. Should the case succeed, experts say it could set a new precedent in international law and significantly impact arms support and diplomatic relationships with Israel, Al Jazeera reported.
For now, however, South African officials say they are focused on pursuing accountability. Chrispin Phiri, spokesperson for South Africa's Minister of International Relations, commented, "What we have been saying is that genocide is a crime of crimes."
The ICJ's decision on this case will have significant implications. If the court rules in favour of South Africa, Israel may be required to suspend military operations, prevent further genocide, and provide reparations to affected Palestinians. However, the court's rulings are binding but lack an enforcement mechanism, as seen in previous cases involving Russia and Ukraine.