New development in the Gaza genocide case between South Africa and Israel

The International Court of Justice (ICJ) granted South Africa an extension to file its reply in the ongoing legal case against Israel concerning genocide in the Gaza Strip.

South Africa initiated the case against Israel at the International Court of Justice in late December 2023.

South Africa’s case alleges that Israel’s military operations in the Gaza Strip violate the 1948 Genocide Convention.

South Africa argues that Israel’s military campaign, launched after the October 7, 2023, Hamas-led attacks, has gone beyond self-defence.

It alleges that Israel’s actions are genocidal because they demonstrate an intent to destroy a substantial part of the Palestinian national, racial, and ethnic group in Gaza.

Its evidence includes mass civilian casualties, the blockade of essential food, medical supplies, and fuel, and statements from certain Israeli officials.

Israel rejected the allegations, calling them baseless. It said that its military actions are targeted strictly at dismantling Hamas.

Israel accused South Africa of acting as the legal arm of Hamas and distorting the legal definition of genocide.

South Africa filed its initial Memorial in 2024, and Israel filed its Counter-Memorial, a response to South Africa’s claims, in early 2026.

In a recent development, South Africa asked for a second round of written arguments. It argued that this was necessary because the case is very complex.

South Africa requested at least 18 months to prepare their next document, as Israel’s response was extremely long and included technical legal objections

Israel initially argued that a second round of writing was not necessary. However, if the court allowed it, it would require the same amount of time as South Africa to respond.

The Court agreed that a second round of written arguments is needed and set the following deadlines:

• South Africa must file its response by 22 November 2027

• Israel must then file its final response by 22 May 2029

In simple terms, this order allows both sides a significant amount of time to prepare further detailed written arguments before any final hearings.