By Lesedi Sibiya-Diplomatic Insider
It’s been almost three years since South Africa made the bold stance to take the state of Israel to the International Court of Justice (ICJ) as South Africa has accused Israel of genocide against the people of Palestine. The court has set a new timetable which aims to keep the proceedings before judges at The Hague until 2029.
It was announced by the Presidency on Tuesday that the ICJ has given South Africa until 22 November 2027 to file its reply to Israel’s counter memorial, submitted in March of this year. Then Israel has until 22 May 2029 to file a rejoinder.
This order follows high-level consultations between the two countries by using their representatives to spearhead the conversation as they consulted with the President of the court on the next steps in the case.
South Africa first took Israel to the ICJ in December 2023 under the Genocide Convention, as they argued that Israel’s occupation of Gaza is perpetuating genocide against the Palestinian people. This case between the two countries is the heaviest international legal battle that has spawned from the war.
According to Gaza’s Health Ministry, 933 Palestinians have been murdered, 2,868 have been injured and 781 bodies recovered since the ceasefire was effective from October 2025.
Since January of 2024 the ICJ has issued three sets of provisional measures after findings that the natives of Gaza are suffering irreparable harm, destruction as well as prejudice to rights protected under the genocide convention.
The orders that have been set in place require Israel to prevent acts that are prohibited by the Genocide Convention act, as well facilitate the assistance in humanitarian aid and basic needs and services, to preserve evidence and allow access to the relevant authorities to investigate these crimes that are mandated by the United Nations.
The South African Presidency has emphasised that these mandates and obligations will remain enforced regardless of the latest developments. They also disclosed that Israel has indeed objected to the court’s jurisdiction in the Counter-Memorial, which means that South Africa will have to address the arguments in its reply.
“Self defence is not a defence to genocide” said the Presidency. The contents displayed in Israel’s legal filing remain strictly confidential under the discretion of the ICJ rules and the court is yet to find substantial arguments from South Africa that validate the basis of their allegations.
A final judgement is still years away as a court date still has not been set. The overall death toll of Palestinians in the conflict since the occupation in October 2023 now currently sits at 72,942 with 172,967 Palestinians injured.
What these findings present overall is that South Africa finds themselves in this legal dispute that may go on into the next decade, even as the humanitarian crisis in Gaza continues to unfold. The major concern is if the court can provide adequate protection for the people in Gaza as the case unfolds