South Africa to ICJ: “Self-Defense Cannot Justify Genocide” in Complaint Against Israel
Pretoria – The South African government has clarified its stance regarding 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 highlighted that South Africa’s response was clear: “self-defence is not a defence to genocide; there is none.”
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 began its offensive on Gaza following a Hamas-led strike on southern Israel on 7 October 2023, leading to about 1,200 deaths and 251 hostages.
In November 2025, the Hamas-controlled health ministry reported that over 70,000 Palestinians had died in Gaza since the escalation of the Israeli offensive.
On 21 May 2026, the International Court of Justice (ICJ) issued an Order that set a deadline of 22 November 2027 for South Africa to reply to Israel’s written request – filed in March 2026 – concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
Israel will have until 22 May 2029 to submit a Rejoinder.
The ICJ’s Order comes after consultations held on 29 April 2026 in The Hague, where representatives of the involved parties and the Court’s President discussed the next procedural steps in the case.
A second round of written pleadings is customary in ICJ cases; in fact, all prior cases under the Genocide Convention have seen parties submit both a Reply and a Rejoinder.
Additionally, with Israel raising objections to the Court’s jurisdiction in its Counter-Memorial submitted in March 2026 – rather than promptly as outlined by the Rules of Court, “as soon as possible, and not 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, the written pleadings are kept confidential until the Court decides otherwise.
At the time of submitting its Counter-Memorial, Israel’s counsel publicly stated that “its Counter-Memorial [proves] its legitimate objectives in the war have always been to eliminate the military and governing capabilities of Hamas and other terrorist organisations.”
“Regardless of whether Israel’s actions in Gaza conform to international law concerning self-defence, as asserted by Israel’s counsel, South Africa’s position is explicit: self-defence is not a defence to genocide; there is none,” the Presidency clarified.
Furthermore, Israel is still bound to adhere to the three provisional measures Orders issued by the ICJ – at South Africa’s request – intended to protect the rights of Palestinians in Gaza, whom the Court has identified as being under “real and imminent risk of irreparable prejudice.”
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 entities to the Gaza Strip.
