‘Israel has not complied’: SA accuses Israel of breaching ICJ orders

Pretoria – South Africa has formally accused Israel of failing to comply with three legally binding orders issued by the International Court of Justice (ICJ) in the genocide case over Israel’s military campaign in Gaza.

The South African government submitted a new evidence dossier to the ICJ on 25 August, arguing that Israel continues to disregard the court’s provisional measures intended to protect Palestinians under the Genocide Convention. The submission was confirmed by the Department of International Relations and Cooperation (Dirco), The Citizen reported.

According to Middle East Monitor, Pretoria formally accused Israel of failing to comply with the three legally binding orders and submitted the dossier as the humanitarian crisis and death toll in Gaza continue to mount.

In its submission, Pretoria said: “Regrettably, Israel has not complied with the Orders.” It added that South Africa would continue pursuing “all avenues available” to secure Israel’s full and immediate compliance with the court’s directives.

Latest submission

The dossier has been submitted to a committee of ICJ judges responsible for monitoring implementation of the provisional measures and recommending possible action.

The ICJ issued its first provisional measures in January 2024, after South Africa brought proceedings against Israel under the 1948 Genocide Convention. The court ordered Israel to take measures to prevent acts within the convention’s scope and to ensure that evidence relating to allegations of genocide was preserved.

The court subsequently issued additional measures. In February 2024, the ICJ emphasised that Israel remained bound to comply fully with its obligations under the Genocide Convention and the January order, including ensuring the safety and security of Palestinians in Gaza.

South Africa’s latest submission alleges that Israel’s conduct has continued despite those orders, citing ongoing military operations, casualties, displacement and restrictions affecting humanitarian conditions in Gaza.

According to Mail & Guardian, Pretoria warned that Israel’s alleged non-compliance threatens not only Palestinian lives but also the administration of international justice.

The submission comes as South Africa continues to pursue its broader legal case against Israel. Pretoria initiated proceedings at the ICJ in December 2023, accusing Israel of violating the Genocide Convention in its military campaign in Gaza. Israel has rejected the allegations.

Genocide allegations 

The latest development comes amid continued reports of casualties and humanitarian hardship in Gaza. Reuters reported earlier this week that Israeli strikes and gunfire killed Palestinians in Gaza, including children, while Israeli forces said they were targeting Hamas militants and weapons sites.

South Africa has consistently argued that Israel’s conduct in Gaza requires international legal scrutiny and has called for the ICJ’s orders to be respected.

Israel has rejected South Africa’s genocide allegations and has maintained that its military campaign is aimed at Hamas rather than the Palestinian population.

The substantive genocide case remains before the ICJ, with the court yet to issue a final judgment on whether Israel has violated the Genocide Convention.