South Africa’s Application to the International Court of Justice against the State of Israel for breaches of the 1948 Genocide Convention

08 January 2024

South Africa alleges Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention. A hearing on an application for provisional measures has been scheduled at the Peace Palace, Den Haag on 11-12 January 2024.

The breaches of the Genocide Convention alleged are:

(a) failing to prevent genocide in violation of Article I;

(b) committing genocide in violation of Article III (a);

(d) direct and public incitement to commit genocide in violation of Article III (c);

(e) attempting to commit genocide in violation of Article III (d);

(f) complicity in genocide in violation of Article III (e);

(g) failing to punish genocide, conspiracy to commit genocide, direct and public incitement to

genocide, attempted genocide and complicity in genocide, in violation of Articles I, III, IV

and VI;

(h) failing to enact the necessary legislation to give effect to the provisions of the Genocide Convention and to provide effective penalties for persons guilty of genocide, conspiracy to commit genocide, incitement to genocide, attempted genocide, and complicity in genocide, in violation of Article V; and

(i) failing to allow and/or directly or indirectly impeding the investigation by competent international bodies or fact-finding missions of genocidal acts committed against Palestinians in Gaza, including those Palestinians removed by Israeli State agents or forces to Israel, as a necessary and corollary obligation pursuant to Articles I, III, IV, V and VI.