Contentious Case Before the ICJ: South Africa v. Israel
On 29 December 2023, South Africa instituted proceedings against Israel before the International Court of Justice (ICJ) concerning alleged violations by Israel of its obligations pursuant to the Genocide Convention in the Gaza Strip. On 26 January and 28 March 2024, the Court rendered orders for the indication of provisional measures. The publications listed below examine key legal aspects of the proceedings.
All materials on legal proceedings relating to Israel and the occupied Palestinian territory (oPt) can be found here.
The Legality of Israel’s Military Offensive in Rafah and Attack at Tal Al-Sultan
This publication examines the legality of Israel’s continued military offensive in Rafah and of the attack at Tal al-Sultan in light of the ICJ’s third order on provisional measures, rendered on 24 May 2024, and IHL.
The ICJ’s Third Order on Provisional Measures
This post summarises the ICJ’s third order on provisional measures in the South Africa v. Israel case, rendered on 24 May 2024.
The ICJ’s Second Order on Provisional Measures
This legal update summarises the ICJ’s second order on provisional measures in the South Africa v. Israel case, rendered on 28 March 2024, as well as the declarations and separate opinions of individual judges.
Questions and Answers
This Q&A focuses on the ICJ’s mandate to adjudicate contentious cases, and in particular the proceedings instituted by South Africa against Israel concerning alleged violations of the Genocide Convention.
Order on Provisional Measures: Legal Consequences for Third States
This legal note elaborates on the legal consequences for third States emanating from the order on provisional measures rendered by the ICJ in the South Africa v. Israel case on 26 January 2024.
Summary of the First Order on Provisional Measures and Next Steps
This publication provides a summary of the order for the indication of provisional measures rendered by the ICJ on 26 January 2024 in the South Africa v. Israel case concerning alleged violations of the Genocide Convention as well as an overview of the next steps in the proceedings.
Third-State interventions
On 23 January 2024, Nicaragua became the first State which formally requested the ICJ for permission to intervene in the case of South Africa v. Israel. Later on, Colombia and, more recently, Libya filed declarations of intervention with the Court. Additionally, Turkey and Egypt have publicly announced their intention to intervene in the proceedings, stating that they will submit formal requests of intervention in due course. It is anticipated that several other countries will also follow suit.
The following provides a brief overview of the legal basis pursuant to which third States can intervene in proceedings before the ICJ, and analysis of application(s) for permission to intervene or declarations of intervention by different States that filed such requests with the Court. Interventions are also covered in Question 4 of the Q&A.
Third-State intervention under the ICJ Statute
Nicaragua
Colombia
Libya
Mexico
State of Palestine
Spain
Photo Credits:
Cover Photo: VIEW OF THE ICJ COURTROOM, THURSDAY 11 JANUARY 2024. UN PHOTO/ICJ-CIJ, FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.
The LEgality of Israel’s military offensive in Rafah and attack on tal al-Sultan: MOHAMMED ZAANOUN/ACTIVESTILLS PHOTO COLLECTIVE, GAZA UNDER ATTACK (RAFAH, 28 DECEMBER 2023). ALL RIGHTS RESERVED.
The ICj’s third order on provisional measures: VIEW OF THE ICJ COURTROOM, FRIDAY 24 MAY 2024. UN PHOTO/ICJ-CIJ/BASTIAAN MUSSCHER. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.
The ICJ’s Second order on provisional measures: Members of the Court on the second day of hearings, Friday 12 January 2024. UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ. All rights reserved.
Q&A on South Africa v. Israel: THE PEACE PALACE IN THE HAGUE (NETHERLANDS), SEAT OF THE INTERNATIONAL COURT OF JUSTICE. JEROEN BOUMAN - COURTESY OF THE ICJ. ALL RIGHTS RESERVED.
Note on Legal Consequences for Third States: VIEW OF THE ICJ COURTROOM ON THE SECOND DAY OF HEARINGS, 12 JANUARY 2024. UN PHOTO/ICJ-CIJ/FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.
Summary of the Order on Provisional Measures: VIEW OF THE COURTROOM, 26 JANUARY 2024. UN PHOTO/ICJ-CIJ/FRANK VAN BEEK. COURTESY OF THE ICJ. ALL RIGHTS RESERVED.