As member states of the United Nations, both South Africa and Israel will be bound by the eventual decision of the court.
In the case of South Africa against Israel for its genocide of Palestinians in the Gaza Strip, the International Court of Justice (ICJ) has announced that public proceedings are scheduled to take place on January 11 and 12 this year.
In a communique published via X on Wednesday, the ICJ, otherwise known as the United Nations’ World Court, said the first day of the hearings will allow South Africa to present its oral argument to the court.
Meanwhile, the second day will see Israel appear before the ICJ in an attempt to contest South Africa’s charge.
As per Articles 92 to 93 of the ICJ and as the UN’s primary judicial organ, all member states of the UN, including South Africa and Israel, are party to the World Court’s final rulings.
On December 29, South Africa initiated court proceedings against Israel, charging the occupying force with violating the UN’s Genocide Convention in light of both its acts and omissions.
According to South Africa’s initial application to the ICJ, Israel’s history of ground and aerial offensives against the Gaza Strip, especially in the aftermath of October 7, was conducted with the intent to destroy the Palestinian populace in the besieged enclave.
“The conduct of Israel – through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention,” South Africa’s petition added.
As Palestine’s Health Ministry estimates the Gaza death toll to have surpassed 22,000 Palestinians, Clayson Monyela, the spokesman for the Department of International Relations and Cooperation in South Africa, said that the international community has welcomed his country’s petition to the ICJ.
Reposting X posts and uploaded government communiques from Malaysia, Turkey and the Organization of Islamic Cooperation conglomerate, Monyela said he expects more nations to follow suit and announce their support for South Africa’s bid to hold Israel to account for its war crimes.
The ICJ, unlike the International Criminal Court (ICC), oversees legal disputes between two states.
However, South Africa has also previously referred Israel to the ICC, which adjudicates over crimes committed by individuals.
During a November press conference held in Doha, President Cyril Ramaphosa praised Qatar’s mediatory role in de-escalating Israel’s indiscriminate onslaught on Gaza.
President Ramaphosa also revealed that his government sought fit to refer the actions of Israel’s incumbent government to the ICC.
The South African president has been a vocal opponent of Israel’s levelling of Gaza, denouncing it as “the collective punishment of Palestinian civilians through the unlawful use of force”.