South Africa's case against Israel at the International Court of Justice (ICJ) has entered a new procedural phase following a court order setting a deadline for the next round of legal submissions.
The Presidency said it has taken note of the latest order issued by the ICJ in the case brought by South Africa under the Convention on the Prevention and Punishment of the Crime of Genocide.
The case, which was initiated in December 2023, focuses on South Africa's allegation that Israel's actions in Gaza violate obligations contained in the Genocide Convention.
Court sets deadline for further arguments
According to the ICJ order issued on 21 May 2026, South Africa has until 22 November 2027 to submit its response to Israel's written petition, known as a counter-memorial, which was filed in March this year.
Israel will have until May 22, 2029, to file its response, completing the next phase of written proceedings.
The Presidency said the order follows consultations held in The Hague on April 29, 2026, between representatives of both countries and the President of the Court to decide the way forward.
Officials explained that the second round of written submissions is a standard procedure in cases brought before the ICJ under the Genocide Convention and has been used in previous cases of this nature.
Jurisdiction challenge to be part of South Africa's response
A key issue in the next phase of the proceedings is Israel's challenge to the court's jurisdiction.
The Presidency noted that Israel had objected to the jurisdiction of the ICJ to hear the case in its counter-memorial submitted in March 2026.
According to South Africa, these objections were filed much later than would normally be considered under the Court's rules, which generally require jurisdictional objections to be raised as soon as possible and no later than three months after the applicant's memorial has been delivered.
As a result, South Africa will address Israel's jurisdictional objections in its forthcoming reply.
The Presidency also pointed out that written submissions remain confidential under the Rules of Court unless the ICJ decides otherwise.
Government confirms position on genocide allegations
The Presidency noted the public comments made by Israel's legal representatives following the submission of the counter-memorial. According to those statements, Israel says its military operation in Gaza is aimed at eliminating Hamas and other armed groups.
South Africa has rejected the notion that self-defense claims can be used as a legal response to genocide allegations.
The Presidency reiterated its position that self-defense is not a defense to genocide under international law.
The government also stressed that Israel is bound by the provisional measures previously granted by the ICJ.
These measures were issued after the court found that there is a real and imminent risk of irreparable harm to the rights of Palestinians in Gaza.
The orders require Israel to take steps to prevent genocidal acts, facilitate the delivery of humanitarian aid and basic services, and allow access to UN investigative commissions and other investigative bodies working in relation to the conflict.
As the legal process continues, South Africa says it is committed to pursuing the case before the world's highest court for disputes between states.