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South Africa expands ICJ case
South Africa submitted an expanded file to the International Court of Justice, arguing that Israel has systematically ignored the provisional measures issued by the Court to protect Palestinians in the Gaza Strip.
“South Africa submitted to the International Court of Justice (ICJ) a new file against Israel”
The filing deepens Pretoria’s legal offensive launched in late December 2023, when it turned to the ICJ under the Genocide Convention and accused Israel of committing genocidal acts during its military operation in Gaza.
The Al-Jazeera program “Beyond the News” discussed the reasons that led South Africa to submit the expanded file, including evidence of Israel's non-compliance with the provisional measures issued by the Court.
In the same dispute, the ICJ has issued successive legally binding provisional measures, including obligations to take necessary actions to prevent acts within the Genocide Convention and to facilitate conditions for the entry of humanitarian assistance.
Binding orders, disputed compliance
South Africa’s government said in a statement that “Regrettably, Israel has not complied with the Orders,” while it asserted it would continue to pursue “all avenues available” to ensure Tel Aviv’s full and immediate adherence to the Genocide Convention.
The dossier also warned that the rights of Palestinians in the Gaza Strip may be “destroyed before it renders its final decision,” and it said this situation threatens the “legitimacy of the ICJ itself.”
In its filing, Pretoria argued that the ICJ determined there is a “real and imminent risk” of “irreparable damage to the rights of Palestinians in Gaza to be protected from genocide.”
The dispute is tied to a timeline of ICJ action, including a case opened on January 26, 2024, when the court ordered provisional measures for the first time in response to South Africa’s application.
Human toll and what’s at stake
South Africa’s expanded dossier put a mounting human toll at the center of its argument, saying that by August 2026 “at least 73,407 Palestinians had died and 174,335 were injured in Gaza.”
“at least 73,407 Palestinians had died and 174,335 were injured in Gaza”
The submission also said that since the ceasefire declared in October 2025, “one child a day has died in Gaza at the hands of Israeli forces,” and it framed the pattern as continued consequences of military operations.
South Africa warned that the case goes beyond Gaza because it believes the ICJ’s ability to enforce its decisions, and “the legitimacy of the international system of justice, is at stake.”
The expanded filing was presented as part of a process that could extend for years, with the main case entering a judicial track that could last years and with a new round of pleadings set to extend to 2029.