The International Criminal Court has released a statement this week regarding a formal complaint filed by South Africa against Israel. The filing argues that Israel may be responsible for acts that amount to genocide in the Gaza Strip, contending that the alleged actions are aimed at the destruction of the Palestinian people as a group. The court notes that it sees evidence suggesting conduct by Israeli state organs and other agents acting under or with the involvement of Israeli authorities that could violate the Genocide Convention and the Rome Statute, particularly as it concerns the Palestinian population in Gaza and the broader occupied territories.
South Africa presents the allegation that Israel’s behavior includes omissions and actions that are genocidal in nature, tied to a specific intent to destroy the Palestinian national group in Gaza. The submission underscores that the alleged atrocities are carried out through state mechanisms and officials, along with other actors acting under Israeli direction, control, or influence. The argument emphasizes a pattern of conduct that may amount to crimes under the Rome Statute as well as obligations under the Genocide Convention.
The South African government explained that it had severed diplomatic ties with Israel following Israel’s military actions in Gaza, which were described as retaliation for a major terrorist attack. The government has previously signaled its intention to bring a case before the International Criminal Court and to seek a determination on the relevant jurisdiction and legal standards for such a proceeding.
In the past year, other states including Bangladesh, Bolivia, and several African and island states have requested the Office of the Prosecutor to consider opening or expanding investigations. The prosecutor has stated that an investigation into crimes committed in the occupied Palestinian territories began in 2021, covering alleged abuses in Gaza and the West Bank since mid-2014, with attention to the escalation of violence following the October events.
The court has reaffirmed Israel’s position that it does not recognize the jurisdiction of the International Criminal Court. The documents submitted by the South African delegation indicate that Israel has participated in, and may continue to participate in, acts that could constitute genocide against the Palestinian people in Gaza, according to the material presented to the court.
South Africa argues for the court to exercise jurisdiction based on the relevant articles of the Statute and the Genocide Convention, to which both Parties are parties. The complaint seeks precautionary measures to prevent further injuries to the rights of the Palestinian people and to ensure that Israel adheres to its international obligations, including actions to prevent, punish, and refrain from further crimes. The filing notes the importance of a functioning legal process to address alleged acts that may qualify as genocide within the framework of international law.
The submitted material emphasizes that the case concerns ongoing and potential future violations and calls for an authoritative inquiry that can provide accountability for the grave humanitarian impacts observed in Gaza and surrounding areas. The International Criminal Court is urged to determine whether its jurisdiction applies in this context and to establish processes that can deter ongoing harm while upholding the rights of the affected Palestinian communities.