Republic of South Africa institutes proceedings against the State of Israel and requests the Court to indicate provisional measures

29 December 2023

THE HAGUE, 29 December 2023.

South Africa today filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.

According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of 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”.

The Applicant further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

South Africa seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.

The Application also contains a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.

The Applicant requests the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946.

The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

Information Department: Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 Email: info@icj-cij.org

Last Posts

Moscow Warns of Escalating Middle East Crisis as U.S.-Israeli Strikes Ignite Regional War

MOSCOW — The Russian Foreign Ministry has issued a stark warning that the Middle East is sliding toward uncontrollable instability, blaming U.S. and Israeli military actions against Iran for triggering a chain of violence that…

29 December 2023

Miguel-Diaz-Canel-cuba-president

Cuba Condemns Ecuador’s Expulsion of Embassy Staff

Havana, March 4, 2026 — Cuba’s Ministry of Foreign Affairs has sharply criticised Ecuador’s decision to expel all personnel from the Cuban Embassy in Quito, calling the move “arbitrary and unjustified” and warning it will…

29 December 2023

Ms Elisabeth Harleman of the Embassy of Sweden

Call to safeguard SRHR gains as Angola hosts annual review of SRHR, HIV and AIDS Project

By Moses Magadza A two-day Annual Review Meeting of the Sweden-funded Sexual and Reproductive Health and Rights (SRHR), HIV and AIDS Governance Project of the SADC Parliamentary Forum ended in Luanda, Angola on Tuesday. The…

29 December 2023

Deputy Foreign Minister Carlos Fernández de Cossío

Cuba Reports Foiled Terrorist Infiltration Linked to U.S.-Based Groups, Seeks Cooperation from Washington

Havana, February 26, 2026 — Cuban authorities announced the interception of a vessel registered in Florida carrying ten individuals allegedly attempting to infiltrate the island for terrorist purposes. The incident, reported yesterday, has prompted immediate…

29 December 2023

The Sahrawi people are resilient and committed to self determination

Malainin Lakhal & Ron Guy February 26, 2026, Green Left Weekly, Issue 1448, World For decades, despite displacement, occupation and repression, the Sahrawi people have neither surrendered nor abandoned their demand for a free and…

29 December 2023

Kazungula Bridge Authority: A Pan-African Gateway to Trade, Unity and Transformation

The Kazungula Bridge Authority launch on Tuesday, 24th February 2026, was more than a bilateral milestone between Botswana and Zambia — it’s a continental statement. By operationalising a 24-hour, non-stop border post, the two nations…

29 December 2023

Related Stories