South Africa v. Israel (Genocide Convention)

Summary

The case instituted by South Africa against Israel at the International Court of Justice under Article IX of the Genocide Convention, alleging that Israel’s acts and omissions against Palestinians in Gaza since 7 October 2023 are genocidal in character and that Israel has failed to prevent genocide and to prevent and punish direct and public incitement to genocide, with a request for Provisional measures (Application instituting proceedings and request for the indication of provisional measures (South Africa v. Israel), PDF p.1-3).

Jurisdiction is founded on Statute Article 36(1) and Convention Article IX; neither State has a reservation to Article IX, Israel ratified the Convention on 9 March 1950 and South Africa acceded on 10 December 1998 (PDF p.4).
The dispute is established in the Application from South Africa’s statements of 30 October to 21 December 2023, ending in its Note Verbale of 21 December 2023, and Israel’s public rejection of the genocide accusation as “wholly unfounded as a matter of fact and law” (PDF p.6-9).
Standing is claimed both from South Africa’s own obligation to prevent genocide and from the rule that any State party may invoke another party’s responsibility for breach of obligations erga omnes partes (PDF p.9).
The Application distinguishes the Court’s task in the case, State responsibility for genocide under the Convention, from the International Criminal Court’s task of individual criminal responsibility under the Rome Statute (PDF p.24, footnote 130).