Can South Africa’s ICJ case against Israel stop war in Gaza?

South Africa’s case might take years, but could add weight to growing international calls for Israel to stop the war.

Last week, South Africa became the first country to file a suit against Israel at the International Court of Justice (ICJ) in The Hague, ramping up international pressure on Tel Aviv to stop the deadly and relentless bombardment of the Gaza Strip that it launched on October 7, 2023, and which has killed more than 22,000 civilians, a significant number of them children.

In the 84-page suit which South Africa filed with the court on December 29, it details evidence of brutality being perpetrated in Gaza and asks the Court – the United Nations body for resolving interstate disputes – to urgently declare that Israel has breached its responsibilities under international law since October 7.

The move is the latest in a long list of actions that Pretoria has taken since the start of the war on Gaza, including loudly and persistently condemning Israel’s attacks on Gaza and the West Bank, recalling the South African ambassador from Israel, referring the suffering of Palestinians to the International Criminal Court (ICC) and calling for an extraordinary meeting of BRICS countries to deliberate the conflict. The ICC takes on cases of alleged crimes committed by individuals, not states.

Here’s a breakdown of the ICJ case:

South Africa has accused Israel of committing genocide in Gaza, in violation of the 1948 Genocide Convention which defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.