ICJ Contentious Case South Africa v. Israel
23 February 2024
Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip
South Africa instituted proceedings against Israel before the International Court of Justice (ICJ) on 29 December 2023, claiming that Israel has been acting in breach of its obligations pursuant to the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), and made a first request for provisional measures. Following public hearings, the Court rendered an order for the indication of provisional measures on 26 January 2024.
This Q&A focuses on the Court’s mandate to adjudicate contentious cases, and in particular the proceedings instituted by South Africa against Israel. Additional resources of the IHL Centre relevant to the South Africa v. Israel case and other proceedings relating to Israel and the oPt can be found in this repository. This includes a summary of the order on provisional measures, and a note on the legal consequences of the order for third States. All materials relevant to the 2023-2024 hostilities in Israel and Gaza can be found on this page.
1. What is the ICJ, and what is its mandate?
2. What are contentious cases before the ICJ?
3. What is the procedure of the Court in contentious cases, and what will be the next steps in the South Africa v. Israel case?
4. How can third States participate in the proceedings of a contentious case?
5. What is the role of other actors?
6. What is the Genocide Convention, and what does it require from State parties?
7. What is the legal basis for the proceedings instituted by South Africa?
8. What is the outcome of South Africa’s first request for provisional measures?
9. What are the principal points of contention in the first phase of the proceedings so far on provisional measures?
10. What are the consequences of the proceedings for Israel, especially once there is a final judgment on the merits?
11. What are the implications of the proceedings for third States?
12. The South Africa v. Israel case focuses on the prohibition of genocide. How could allegations of other violations of international law be addressed?
13. What is the difference between the advisory opinion requested by the UN General Assembly and the contentious case between South Africa and Israel?
14. What is the difference between the South Africa v. Israel case before the ICJ and the ICC investigation into the Situation in the State of Palestine?
The Diakonia IHL Centre separately published a Q&A on the advisory proceedings before the ICJ and the ICC investigation into the Situation in Palestine, which can be accessed here and here, respectively.
Cover photo: The Peace Palace in The Hague (Netherlands), seat of the International Court of Justice. Jeroen Bouman - Courtesy of the ICJ. All rights reserved.