You’ve probably seen the headlines or caught a snippet of a heated debate on social media. Someone mentions "The Hague," someone else talks about "genocide," and suddenly the conversation feels like a high-stakes legal drama that’s impossible to follow. Honestly, the South Africa v Israel case at the International Court of Justice (ICJ) is exactly that—a slow-burning, incredibly complex legal battle that is reshaping how the world looks at international law.
It’s been over two years since South Africa first filed its application in December 2023. Back then, people thought it might be a quick process. They were wrong. As of early 2026, we are still deep in the weeds of "written pleadings" and "procedural extensions."
The core of the matter is simple but heavy: South Africa accuses Israel of violating the 1948 Genocide Convention during its military operations in Gaza. Israel denies this vehemently, calling the accusations a "blood libel" and arguing it has a right to defend itself after the October 7 attacks. But while the politics are loud, the legal gears at the Peace Palace move at a glacial pace.
The Current State of Play: Why the Wait?
If you're wondering why we don't have a final "guilty" or "not guilty" verdict yet, it's because the ICJ doesn't work like a local criminal court. There is no jury. There are no immediate arrests. Right now, the case is in the "Memorial" stage.
- South Africa’s Move: In October 2024, South Africa filed its massive, 500-page "Memorial." This is essentially their evidence locker—thousands of pages of satellite images, social media posts from officials, and forensic reports.
- Israel’s Extension: Israel was originally supposed to respond by July 2025. Then it was January 2026. Now, the court has granted a new deadline: March 12, 2026.
- The Reason: Israel argued they needed more time to deal with "unresolved evidentiary issues," specifically documents that were hyperlinked rather than physically attached in South Africa’s filing.
Basically, the legal teams are fighting over footnotes and PDF attachments while the world waits for the merits of the case to be heard.
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What the Court Has Actually Said So Far
It’s easy to think nothing has happened because there’s no final ruling. That’s not quite true. The ICJ has already issued several "provisional measures." Think of these like a temporary restraining order in a divorce case—they don't decide who is right, but they tell the parties what they can't do while the case is pending.
Back in January 2024, the court made a huge splash by ruling that it was "plausible" that Palestinian rights under the Genocide Convention were at risk. They didn't say genocide was happening, but they said it could be. Since then, they’ve ordered Israel to:
- Prevent any acts that could fall under genocide.
- Punish public incitement to genocide (basically, telling officials to watch what they say).
- Ensure humanitarian aid actually gets into Gaza.
Has it worked? That depends on who you ask. South Africa has gone back to the court multiple times, arguing that Israel isn't following these orders. Israel maintains it is doing everything possible to minimize civilian harm in a war against Hamas.
The Big Misconceptions People Have
One of the biggest things people get wrong about South Africa v Israel is the difference between the ICJ and the ICC. It’s confusing, I know.
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The ICJ (International Court of Justice) deals with countries. It’s a "State vs. State" court. It can’t put a person in jail. It can only tell a country to stop doing something or pay for damages.
The ICC (International Criminal Court) is the one that goes after individuals. When you hear about arrest warrants for Benjamin Netanyahu or Hamas leaders, that’s the ICC. They are two totally different buildings in the same city.
Another thing? People think a "ceasefire" would end the case. It won't. South African President Cyril Ramaphosa has been very clear: even if a permanent peace deal is signed in 2026, the legal case continues. Why? Because the court needs to decide if what happened in the past was a crime. You don't drop a murder trial just because the person stopped shooting.
The Experts' Perspective
Lawyers like William Schabas and Gerhard Kemp have been watching this like hawks. Kemp recently called the latest extensions "disappointing," arguing that the urgency of the situation in Gaza doesn't match the slow pace of the court.
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There's also the "Intent" problem. To prove genocide, you have to prove that a group intended to destroy another group. That is incredibly hard to do in court. Most countries that get accused of this stuff just say they were fighting a war or "counter-terrorism." The ICJ has a very high bar for this—it has to be the "only reasonable inference" from the evidence.
What Happens Next?
Don't hold your breath for a final judgment. If we look at other cases, like The Gambia v. Myanmar (another genocide case involving the Rohingya), we’re looking at years. Most experts think a final decision in the South Africa case won’t come until 2028.
Here is what to watch for in the coming months:
- March 12, 2026: This is the big one. Israel submits its "Counter-Memorial." This will be the first time we see their full, formal legal defense against the genocide charges.
- Interventions: Other countries are jumping in. Belgium, Ireland, and Chile have all signaled they want a seat at the table. This is becoming a "World vs. Case" scenario, not just two countries.
- Oral Hearings: Once the paperwork is done, we’ll see the lawyers back in the Peace Palace for the dramatic public speeches. That likely won't happen until late 2026 or 2027.
Actionable Insights for Following the Case
If you want to actually understand this as it unfolds, stop looking at TikTok snippets and go to the source. The ICJ website (icj-cij.org) posts the full PDF of every order. It's dry, but it’s the only way to avoid the spin.
Also, keep an eye on "The Hague Group." This is a coalition of countries like Malaysia and Colombia that are supporting South Africa's legal strategy. Their moves often signal what the next procedural step will be.
Next Steps for You:
- Check the ICJ Calendar: Mark March 12, 2026, to see if Israel files its response or asks for a third extension.
- Monitor the ICC: Watch for updates on individual arrest warrants, as these often provide the "on-the-ground" evidence that South Africa uses in the ICJ case.
- Read the 2024 Advisory Opinion: If you want to understand the broader legal context, look up the ICJ’s July 2024 opinion on the "Occupied Palestinian Territory." It sets the stage for many of the arguments being used now.