South Africa formally submitted its Memorial to the International Court of Justice (ICJ) on Monday in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in Gaza (South Africa v. Israel).
This submission represents a crucial step in South Africa’s legal proceedings, aimed at holding Israel accountable under international law.
While the Memorial remains confidential under ICJ rules, its filing coincides with escalating violence in Gaza, marked by significant civilian casualties and intensifying hostilities.
“The filing of this Memorial occurs at a time when Israel is escalating its killing of civilians in Gaza and appears intent on pursuing a similar path of destruction in Lebanon,” the Presidency stated.
South Africa’s legal efforts, initiated in December 2023 and culminating in this Memorial, have attracted considerable attention both domestically and internationally.
Allegations of Genocide
The Memorial outlines South Africa’s primary case against Israel, presenting evidence that alleges Israel has violated the Genocide Convention. The claims include using lethal force, blocking humanitarian aid, creating life-threatening conditions, defying ICJ provisional measures, and employing starvation as a tactic to depopulate Gaza through mass casualties and forced displacement.
Running to over 750 pages with an additional 4,000 pages of supporting exhibits and annexes, the Memorial documents what the South African government describes as Israel’s systematic targeting of Palestinians in Gaza.
“The evidence will demonstrate that Israel’s genocidal acts are underpinned by a specific intent to commit genocide, alongside its failure to prevent incitement to genocide, to stop the genocide itself, and to punish those responsible for inciting and committing such acts,” the Presidency added.
A Call to the International Community
The Presidency emphasised that the Memorial serves as a reminder to the global community to stand in solidarity with the Palestinian people and to prevent further catastrophe. It criticised Israel’s failure to comply with its international obligations, despite repeated interventions by the ICJ and various United Nations (UN) bodies.
Last week marked the 79th anniversary of the signing of the UN Charter, established to prevent future generations from experiencing the scourge of war.
“To honour this commitment, all nations must demand adherence to the UN Charter and international law. South Africa, along with other states, has taken this action to prevent genocide in Palestine through peaceful means, by holding Israel accountable in the institutions created for this very purpose by the UN,” the Presidency stated.
It accused Israel of enjoying unprecedented impunity in breaching international law, jeopardising the very institutions of global governance intended to uphold accountability.
A Historical Parallel
Earlier this year, President Cyril Ramaphosa addressed the United Nations General Assembly, drawing parallels between South Africa’s struggle against apartheid and Palestine’s current plight.
“The South African story is testament to the enduring role of the United Nations in global matters. In supporting our struggle, the UN upheld the principles of the UN Charter: fundamental human rights, the dignity and worth of every individual, and the equal rights of nations, large and small,” Ramaphosa said.
He further stressed that the solidarity which helped dismantle apartheid in South Africa must now be mobilised to end apartheid and genocide in Palestine.
“The glaring genocide in Gaza is visible to all who are not blinded by prejudice. South Africa is grateful to the nations that have filed interventions under Articles 62 and 63 to join this case at the ICJ.
“We renew our call for an immediate ceasefire in Palestine, Lebanon, and across the region, and for the initiation of a political process to achieve a just and lasting peace,” the Presidency added.
Colonialism and Continued Struggles
South Africa highlighted the daily struggles of Palestinians against imperialism, Israeli apartheid, and settler colonialism. Since 1948, Palestinians have faced various forms of colonisation, often supported by former colonial powers and, more recently, by nations seeking to advance their geopolitical interests.
“The global fight against settler colonialism continues, including in occupied Palestine, both in Gaza and the West Bank. The international community cannot remain silent while innocent civilians—women, children, medical workers, humanitarian staff, and journalists—are killed simply for existing. Such a reality is unacceptable,” the statement concluded.
South Africa commended its legal team for their dedication, skill, and commitment, describing the Memorial as a comprehensive presentation of the overwhelming evidence of genocide in Gaza.
