ICJ Complaint Filed by South Africa: ‘Self-Defense Cannot Justify Genocide’ Against Israel
Pretoria – The South African government has clarified its stance on its response to Israel’s written request to the International Court of Justice (ICJ), which denies allegations of genocide against Palestinians.
In a statement issued to The Bulrushes on Tuesday, 2 June 2026, the Presidency emphasized that South Africa’s response was clear: “self-defence cannot be used as a justification for genocide; it is nonexistent.”
South Africa lodged its genocide complaint against Israel at the ICJ on 29 December 2023, alleging violations of the Genocide Convention in Gaza.
The Israeli military commenced its offensive on Gaza following a Hamas-led attack on southern Israel on 7 October 2023, resulting in approximately 1,200 deaths and 251 hostages.
In November 2025, Hamas’s health ministry reported that over 70,000 Palestinians had perished in Gaza since the beginning of the Israeli offensive.
On 21 May 2026, the International Court of Justice (ICJ) issued an Order setting a deadline of 22 November 2027 for South Africa to reply to Israel’s written request – submitted in March 2026 – in the case titled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
Israel will then have until 22 May 2029 to submit a Rejoinder.
The ICJ’s Order follows discussions held on 29 April 2026 in The Hague among representatives of the parties and the Court’s President, focused on determining the next procedural steps in the case.
A second round of written pleadings is customary in ICJ cases; indeed, all previous cases involving the Genocide Convention have included submissions from both parties for a Reply and a Rejoinder.
Furthermore, as Israel has raised objections to the Court’s jurisdiction in its Counter-Memorial submitted in March 2026 – rather than promptly, as mandated by the Rules of Court, “as soon as possible, and no later than three months after the delivery of the Memorial” (i.e., January 2025) – South Africa will need to address these jurisdictional issues in its reply.
According to the Rules of Court, written pleadings remain confidential until the Court decides otherwise.
At the time of presenting its Counter-Memorial, Israel’s counsel publicly claimed that “its Counter-Memorial [demonstrates] its legitimate objectives in the war have always been to dismantle the military and governing capabilities of Hamas and other terrorist entities.”
“Regardless of whether Israel’s actions in Gaza align with international law concerning self-defence, as asserted by Israel’s counsel, South Africa’s position is unequivocal: self-defence cannot justify genocide; it does not exist,” the Presidency clarified.
Moreover, Israel is obligated to adhere to the three provisional measures Orders issued by the ICJ – at South Africa’s request – aimed at safeguarding the rights of Palestinians in Gaza, which the Court has identified as being under “real and imminent risk of irreparable harm.”
These Orders require Israel, among other obligations, to ensure that its military refrains from committing any acts of genocide in Gaza, to facilitate “without delay, in full cooperation with the United Nations, the unhindered provision…of urgently needed basic services and humanitarian assistance,” and to guarantee “unimpeded access” for UN investigations, fact-finding missions, and other verification bodies to the Gaza Strip.