South Africa instituted a case against Israel at the International Court of Justice (ICJ) in the Hague in late December 2023, claiming Israel was violating the Convention on the Prevention and Punishment of the Crime of Genocide through its actions in Gaza, and requesting provisional measures. Human rights law scholar Magnus Killander explains the process and why it’s so slow. International law, including the ICJ’s provisional measures, are binding on states. However, international law does not enforce itself and all states have an obligation to attend to the situation.
Why could it take until 2028 to get a final decision?
On 5 April 2024, the ICJ set two deadlines. It wanted to receive memorials, that is the full arguments related to the case, from South Africa by 28 October 2024 and counter-memorials from Israel by 28 July 2025. Following a request by Israel, the court on 14 April 2025 extended the time for submission of Israel’s counter-memorials to 12 January 2026.
