Talk of Israeli pressure on members of the US Congress to pressure South Africa to drop its legal proceedings at the International Court of Justice has brought the case back to the forefront.
In late January 2024, the International Court of Justice issued a preliminary ruling in the case, ordering Israel to take all measures within its power to prevent acts that could fall under the Genocide Convention.
Tel Aviv was also ordered to prevent and punish genocide, ensure the flow of humanitarian aid to the Gaza Strip, and preserve evidence of crimes committed in the Strip.
Last May, the International Court issued a mandatory order to stop the Israeli military operation in Rafah, in the southern Gaza Strip, but Israel refused to comply with the decision.
Countries facing Germany
After South Africa filed the lawsuit, several states stepped forward to intervene in the case using a provision in the ICJ Statute that allows third parties to join the proceedings.
Nicaragua was the first country to formally apply to the UN Supreme Court on January 23, 2024, for permission to intervene as a “party” in the case, followed by Colombia and Libya.
In late May, Mexico also submitted a similar request, and Chile joined it in early July, then Cuba and Spain joined the previous countries at the end of the same month.
On August 7, Turkey officially joined the lawsuit, while the Maldives and Egypt have also expressed their intention to join the case, in addition to Ireland and Belgium.
On the other hand, Germany was the only country that pledged – so far – to intervene in the International Court of Justice case in support of Israel, on January 12, before the court issued its preliminary rulings.
Case facts
On December 29, 2023, the South African government filed a lawsuit against Israel, accusing it of committing the crime of genocide in Gaza.
Pretoria based its case in particular on evidence of Israel’s killing of Palestinian civilians in large numbers, the destruction of their homes, their expulsion and displacement, in addition to imposing a siege on food, water and medical aid in the Strip, and the destruction of basic health facilities.
But Israel has called South Africa’s lawsuit absurd and “slanderous,” with Israeli Prime Minister Benjamin Netanyahu saying the genocide charge against Israel at the International Court of Justice was outrageous and discriminatory.
The court had set October 28 as the deadline for Pretoria to submit its opinion in the case, while it set July 28, 2025 as the deadline for Israel to submit its opposing view.