Six countries intervene in South Africa's ICJ case against Israel

Six countries have filed declarations of intervention in South Africa's genocide case against Israel at the International Court of Justice. The United States, Hungary and Fiji supported Israel, while the Netherlands, Namibia and Iceland backed South Africa's claims. These interventions bring the total number of participating countries to more than 20.

South Africa initiated its case against Israel at the International Court of Justice in December 2023, accusing Israel of committing genocide in Gaza in violation of the 1948 Genocide Convention. The lawsuit, spanning 84 pages, seeks to halt Israel's military actions in the region following the October 2023 Hamas-led attack on Israel.

This week, declarations of intervention were filed by six countries under Article 63 of the ICJ Statute, allowing parties to the Genocide Convention to participate. The United States, in an 11-page submission, rejected the allegations as false and described them as part of a longstanding campaign to delegitimize Israel. "To avoid any doubt, the United States affirms, in the strongest terms possible, that the allegations of ‘genocide’ against Israel are false. They are also unfortunately nothing new," the US stated.

Hungary and Fiji aligned with the US in supporting Israel. In contrast, the Netherlands argued that forced displacement, withholding humanitarian aid and resulting starvation could indicate genocidal intent. Its filing detailed how such actions might violate Articles II(a), (b) and (c) of the Convention, potentially inflicting serious harm or conditions leading to physical destruction.

Namibia and Iceland also supported South Africa. Iceland emphasized interpreting the Convention to prevent and punish genocide, regardless of where committed. The Netherlands and Iceland filed earlier in the week, while the US, Namibia, Hungary and Fiji submitted on 12 March 2026.

South Africa filed its 750-page memorial in October 2024, presenting evidence of over 72,000 Palestinian deaths since October 2023, with a Lancet study estimating more than 75,000 by January 2025. Despite a US-brokered ceasefire in October 2025, Israeli attacks continued, killing over 600 people, and 80% of Gaza buildings remain damaged or destroyed, per UN reports.

Israel, which has dismissed the case as lacking factual and legal basis, was expected to file its counter-memorial on 13 March 2026, though a report suggested possible delay due to regional conflicts. The proceedings could extend for years, involving further written exchanges and oral hearings in The Hague.

More than 20 countries, including Spain, Mexico, Belgium and Ireland, have now intervened, highlighting global interest in the case.

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Illustration of NGO Monitor analysis on Doctors Without Borders' use of 'genocide' in Gaza messaging
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NGO Monitor analysis targets Doctors Without Borders’ use of “genocide” in Gaza messaging

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NGO Monitor, a research group that tracks non-governmental organizations, says a review of Doctors Without Borders’ public communications found repeated use of the term “genocide” to describe Israel’s actions in Gaza since Hamas’ Oct. 7, 2023 attack, and argues the group did not apply the same label to other wars.

The Palestine Solidarity Campaign (PSC) has called on South Africa to take leadership in securing greater international support and measures against Israel's ongoing military actions in Gaza. This follows the latest developments in South Africa's case against Israel at the International Court of Justice under the Genocide Convention.

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UN special rapporteur on human rights in the occupied Palestinian territories, Francesca Albanese, stated in Madrid on Wednesday that there is a genocide from the river to the sea against the Palestinian people. She criticized the international community's complicity with Israel and urged Europe to counter US sanctions.

Former South African presidents Thabo Mbeki and Jacob Zuma have filed a court challenge to remove retired judge Sisi Khampepe from heading an inquiry into delays in Truth and Reconciliation Commission prosecutions. The move targets alleged political interference in apartheid-era cases and raises questions about judicial impartiality. President Cyril Ramaphosa has stated he will abide by the court's decision.

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Following the confirmation of charges against former president Rodrigo Duterte, the International Criminal Court (ICC) will resume assessing applications from victims seeking to participate in the proceedings. Applications within the case's scope will be forwarded to the soon-to-be-constituted Trial Chamber for Duterte's trial.

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