South Africa charges Israel with defying ICJ’s binding genocide orders
· Citizen
South Africa has accused Israel of breaking legally binding orders issued by the International Court of Justice (ICJ) intended to protect Palestinians in Gaza, while calling on the international community “to take all necessary action to prevent and punish genocide”.
The ICJ ruled that Palestinians in Gaza face an imminent risk of genocide, issuing three binding provisional measures against Israel.
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But Pretoria warns that Israel’s defiance of those rulings is accelerating the destruction of an already shattered population.
On 25 August, South Africa submitted a substantial dossier to the ICJ, detailing Israel’s alleged failure to comply with the Court’s orders to protect Palestinians under the Genocide Convention.
Dossier
The Department of International Relations and Cooperation (DIRCO) confirmed the submission, saying it was filed under Article 11 of the ICJ’s rules on Internal Judicial Practice, which empowers a three‑judge committee to monitor compliance and recommend possible action.
Dirco said it trusted in the Court’s “continued and diligent exercise of its functions,” but stressed that the evidence showed Israel’s disregard for binding obligations.
“As of August 2026, at least 73,407 Palestinians have been killed and 174,335 injured in Gaza since 7 October 2023 – over 10 per cent of the population. A total of 46,000 survivors, including children, live with severe conflict‑related injuries, including amputations, traumatic brain and spinal cord injuries,” it said.
Gaza humanitarian toll
According to Dirco, the humanitarian toll has worsened even after the announcement of a ceasefire.
“On average, one Palestinian child has been killed every day by the Israeli military. Miscarriage rates in Gaza have increased more than three‑fold in 2026. Surviving Palestinians are herded into an ever‑shrinking sliver of territory, deprived of water, healthcare, medicine and other essentials for survival.”
The ICJ’s provisional measures – issued in January, March and May 2024 – required Israel to prevent acts prohibited under the Genocide Convention, preserve evidence, enable humanitarian aid, and allow UN investigators access to Gaza.
Obligations
South Africa’s dossier argues these obligations remain unmet, with journalists barred, investigators blocked, and civilians subjected to unbearable conditions.
“Regrettably, Israel has not complied with the Orders. South Africa continues to pursue all avenues available to it to seek Israel’s full and immediate compliance,” Dirco warned.
Submission
The submission follows earlier dossiers sent to the UN Security Council in May 2024, February 2025 and September 2025, and to the General Assembly and Economic and Social Council in October 2025, urging urgent international action.
“For almost three years, Israel has bombarded Gaza, killing and maiming tens of thousands of children, men and women. The violence has displaced Palestinians internally and deprived them of basic services. Israel has arbitrarily detained and deported Palestinians to its prisons and detention centres, where they have been tortured, subjected to sexual and gender‑based violence, and cruel, inhuman and degrading treatment,” Dirco added.
“To prevent any record of its crimes, Israel has killed local journalists, barred foreign journalists and prevented UN‑mandated investigative bodies from entering Gaza.”
Genocide case
South Africa’s genocide case against Israel, filed in December 2023, is still before the Court. Israel rejects the genocide allegation, insisting its military campaign targets Hamas and other armed groups.
The ICJ has not yet delivered a final ruling, but its provisional measures are designed to prevent irreparable harm before judgment. The Court’s scheduling order extends written arguments until May 2029, underscoring the importance of interim protections.
Court measures
South Africa emphasised that the Court’s measures are not only about protecting Palestinians but also about safeguarding the administration of justice itself.
“Israel’s failure to comply undermines their protective function and entails further destruction of the Palestinian group. The Provisional Measures were ordered to protect rights under the Genocide Convention and to ensure those rights are not destroyed before the Court delivers its final decision.”
“South Africa’s submission reaffirms its commitment to upholding and defending international law and multilateral institutions, including the UN’s principal judicial organ,” Dirco said.
Israel has repeatedly denied allegations of genocide, insisting its military operations are acts of self‑defence following the 7 October 2023 attacks. The government has argued that the term genocide has been weaponised against it. However, South Africa’s International Relations Minister Ronald Lamola has stated that Pretoria is committed to pursuing the case “through to its conclusion.”