On December 29, 2023, the Republic of South Africa instituted proceedings against Israel in the International Court of Justice (ICJ). In its application, South Africa argued that the manner in which Israel was conducting its military operations in Gaza violated the international Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). The ICJ held a hearing on “provisional measures” on January 11-12, 2024, where South Africa and Israel were given three hours each to present their cases. A ruling from the World Court on the issue of provisional measures is awaited.
The case has generated immense debate. At the time of writing, Bangladesh and Jordan have issued statements that they will intervene in the case, in support of South Africa’s application. Germany has stated that it will intervene in support of Israel (intervening states can, however, only advance submissions on the question of the interpretation of the Genocide Convention). While a number of other countries, predominantly from Latin America and the Middle-East, have issued official statements supporting South Africa’s application, others — most notable being the United States, the United Kingdom, and France — have signalled their opposition to it, with France going so far as to threaten non-compliance if the ICJ ends up issuing a finding of genocide against Israel.
