The International Court of Justice (ICJ) has established a revised procedural timeline for South Africa’s genocide case against Israel, ordering Pretoria to submit its Reply to Israel’s Counter-Memorial by 22 November 2027.
The order, issued on 21 May 2026, follows a procedural meeting held in The Hague on 29 April between representatives of both parties and the President of the Court. Under the new schedule, Israel will have until 22 May 2029 to file its Rejoinder, marking the next phase in the second round of written pleadings.
In a statement, the South African Presidency confirmed it had “noted” the Court’s directive, emphasizing that such procedural steps are standard in ICJ litigation and have been applied consistently in prior cases brought under the Convention on the Prevention and Punishment of the Crime of Genocide.
Jurisdictional Challenge Takes Centre Stage
A pivotal development in the case stems from Israel’s Counter-Memorial, submitted in March 2026, in which Tel Aviv formally objected to the ICJ’s jurisdiction. While the Court’s Rules stipulate that jurisdictional objections should be raised “as soon as possible, and not later than three months after the delivery of the Memorial”—a deadline that would have fallen in January 2025—Israel’s later submission means South Africa must now address these objections within its upcoming Reply.
“The Presidency explained that 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,” the statement read.
The Presidency also referenced public remarks by Israel’s legal counsel, who asserted that the Counter-Memorial demonstrates Israel’s “legitimate objectives in the war have always been to eliminate the military and governing capabilities of Hamas and other terrorist organizations.”
Provisional Measures Remain in Force
Pretoria underscored that Israel remains legally bound by three separate provisional measures orders previously issued by the ICJ at South Africa’s request. In those rulings, the Court determined that Palestinians in Gaza face a “real and imminent risk of irreparable prejudice” to their rights under the Genocide Convention.
The binding orders require Israel to:
- Prevent its military forces from committing acts prohibited under the Genocide Convention;
- Ensure, “without delay, in full co-operation with the United Nations, the unhindered provision…of urgently needed basic services and humanitarian assistance” to Gaza;
- Guarantee “unimpeded access” for UN commissions of inquiry, fact-finding missions, and other investigative bodies to the Gaza Strip.
All written pleadings in the case remain confidential under ICJ Rules until the Court directs otherwise.
Background to the Case
South Africa instituted proceedings against Israel at the ICJ in December 2023, alleging that Israel’s military operations in Gaza violate its obligations under the 1948 Genocide Convention. The case has drawn global attention as one of the most significant applications of international humanitarian law in recent decades.
The Court has not yet ruled on the merits of the genocide allegations. Its prior orders have focused on provisional measures intended to preserve the rights of both parties pending a final judgment, a process that typically spans several years given the complexity of international legal proceedings.
The next substantive milestone will be South Africa’s Reply, due in November 2027, which is expected to address both the factual allegations and Israel’s jurisdictional objections.
