The Presidency has noted the latest order issued by the International Court of Justice (ICJ) in the case brought by South Africa against Israel under the Convention on the Prevention and Punishment of the Crime of Genocide.
On 21 May 2026, the ICJ issued an order setting a deadline of 22 November 2027 for South Africa to file its Reply to Israel’s written pleading, which was submitted in March 2026.
Israel will then have until 22 May 2029 to submit a Rejoinder.
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According to the Presidency, the order follows a meeting held in The Hague on 29 April 2026 between representatives of the parties and the President of the Court to discuss the next procedural steps in the matter.
The Presidency explained that a second round of written pleadings is common in ICJ cases and has been followed in all previous cases brought under the Genocide Convention.
It also noted that Israel has objected to the jurisdiction of the court in its Counter-Memorial submitted in March 2026.
“As Israel has now objected to the jurisdiction of the Court in its Counter-Memorial, submitted in March 2026 – and not, as contemplated in 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 now have to address these objections to the Court’s jurisdiction in its Reply,” the Presidency said.
In terms of the Rules of Court, written pleadings remain confidential until the court determines otherwise.
The Presidency noted that at the time of filing its Counter-Memorial, Israel’s counsel publicly declared 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 organizations”.
Responding to this position, the Presidency said: “Whether or not Israel’s war on Gaza is authorised by, or has complied with, the international law regarding self-defence, as claimed by Israel’s counsel, South Africa’s response is a simple one: self-defence is not a defence to genocide, there is none.”
The Presidency further emphasised that Israel remains bound by the three provisional measures orders issued by the ICJ at South Africa’s request.
The court previously determined that the rights of Palestinians in Gaza are under “real and imminent risk of irreparable prejudice”.
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According to the Presidency, the orders require Israel, among other things, to ensure that its military does not commit genocidal acts in Gaza and to ensure “without delay, in full co-operation with the United Nations, the unhindered provision…of urgently needed basic services and humanitarian assistance”.
The orders also require Israel to ensure the “unimpeded access” of United Nations commissions of inquiry, fact-finding missions and other investigative bodies to the Gaza Strip.
South Africa instituted proceedings against Israel at the ICJ in December 2023, arguing that Israel’s actions in Gaza violate obligations under the Genocide Convention. – SAnews.gov.za
