Pretoria – The South African government has revealed its stance regarding its reply to Israel’s written pleading to the International Court of Justice (ICJ) denying accusations of genocide against Palestinians.
In a statement made available to The Bulrushes on Tuesday, 2 June 2026, the Presidency said South Africa’s response was a simple one: “self-defence is not a defence to genocide; there is none”.
South Africa lodged its genocide complaint against Israel at the ICJ on 29 December 2023, alleging violations of the Genocide Convention in Gaza.
The Israeli military launched its offensive on Gaza in response to the Hamas-led attack on southern Israel on 7 October 2023, in which about 1 200 people were killed, and 251 others were taken hostage.
In November 2025, the Hamas-run health ministry said more than 70 000 Palestinians had been killed in Gaza since Israel offensive began.
On 21 May 2026, the International Court of Justice (ICJ) issued an Order setting a deadline of 22 November 2027 for South Africa to file its reply to Israel’s written pleading – submitted in March 2026 – in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
Israel will then have until 22 May 2029 to submit a Rejoinder.
The ICJ’s Order follows a meeting of the representatives of the parties and the President of the Court in The Hague on 29 April 2026, called by the President of the Court to discuss the next procedural steps in the case.
A second round of written pleadings is common in ICJ cases; in fact, in all previous cases brought under the Genocide Convention, parties have submitted a Reply and a Rejoinder.
Moreover, 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.
In terms of the Rules of Court, the written pleadings remain confidential until the Court determines otherwise.
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 organisations”.
“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,” explained the Presidency.
What is more, Israel remains bound by the three provisional measures Orders issued by the ICJ – at the request of South Africa – that seek to ensure the protection of the rights of Palestinians in Gaza, which the Court has determined are under “real and imminent risk of irreparable prejudice”.
These Orders oblige Israel, among other things, to ensure that its military does not commit any genocidal acts in Gaza, to ensure “without delay, in full co-operation with the United Nations, the unhindered provision…of urgently needed basic services and humanitarian assistance”, ensure the “unimpeded access” of UN commissions of inquiry, fact-finding mission, and other investigative bodies to the Gaza Strip.
