SA, allies to battle US over ICJ genocide case

Namibia, among several other international states, has formally intervened in the genocide case brought by South Africa (SA) against Israel at the International Court of Justice (ICJ) in The Hague. They will now also have to battle the US and its allies, like Hungary, who have joined forces to support Israel’s defence, notes Legalbrief Africa. Yesterday (Sunday) President Cyril Ramaphosa said SA remained committed to liberating humanity from the odious scourge of genocide, in response to Israel filing its response to SA’s case of genocide at the ICJ. On Thursday, Israel filed its response to the case that SA brought in December 2023, arguing that Israel’s war in Gaza breached the 1948 UN Genocide Convention. The ICJ in 2024 handed down an interim order and ordered Israel to take all measures within its power to prevent acts of genocide in Gaza before SA’s main application to have Israel’s actions declared as genocide is heard. News24 notes that this did not put a stop to Israel’s military actions in Gaza, and the civilian death count and destruction of infrastructure continued to rise. ‘Israel has submitted its counter-memorial to the ICJ, rejecting SA’s fabricated and politicised blood libel,’ said the Israeli Ministry of Foreign Affairs. Israel claimed it made ‘extraordinary efforts to mitigate civilian harm’ and undertook ‘large-scale efforts to facilitate the entry of humanitarian aid into Gaza’.

News24 notes that the Presidency said Pretoria will now consider Israel’s response and decide whether to request the ICJ’s permission to make further written submissions in reply or to proceed directly to the oral phase of proceedings. ‘In the intervening period, Palestinians in Gaza continue to face ongoing bombardment from Israeli strikes, with unabated loss of life, damage to critical infrastructure and precarious living conditions for people in Gaza. This is despite the purported ceasefire of 10 October 2025 and three binding ICJ orders secured by SA – the first of which came over two years ago – compelling Israel, among other things, to prevent the commission of genocidal acts and ‘ensure, without delay… the unhindered provision of urgently needed basic services and humanitarian assistance’.

Full News24 report

Meanwhile, the US, Namibia, Hungary and Fiji have filed declarations of intervention in SA’s case at The Hague, reports the Daily Maverick. Their declarations to intervene in the case come after both the Netherlands and Iceland filed declarations of intervention last week. The US, Namibia, Hungary and Fiji filed their statements on Thursday, under article 63 of the Statute of the Court, which allows countries to intervene in cases involving the interpretation of a convention to which they are parties, even if they are not parties to the dispute. In its 11-page declaration, filed to the World Court, the US rejected SA’s accusations of genocide against 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,’ it said. The US said it considered it necessary to intervene in this case in order to offer its interpretations of the provisions of the Genocide Convention, informed by its role in drafting the 1948 text. More than 72 000 Palestinians have been killed since Israel’s war on Gaza began in October 2023, after the Hamas-led attack on Israel. However, DM notes that a recent study, published in the Lancet Global Health medical journal, has put the death toll higher – finding that more than 75 000 Palestinians were killed in the first 16 months of the war, between 7 October 2023 and 5 January. The Netherlands’ declaration of intervention makes submissions on the interpretation of the Genocide Convention in relation to forced displacement, acts committed against children, the scope and substance of the obligation of third states to prevent genocide and starvation and the deliberate withholding of humanitarian aid. Iceland, in its submission, argues the Genocide Convention must be interpreted in a manner that supports its objective of preventing and punishing genocide.

Full Daily Maverick report

Namibia’s submission focuses on the interpretation of genocidal intent under the convention, reports the Windhoek Observer. According to Namibia, the court may infer genocidal intent from the scale, systematic nature, intensity, duration and repetition of acts listed under Article II of the Genocide Convention. Namibia also contended that the assessment of genocidal intent should take into account acts such as forced displacement, starvation of civilians, and repeated killing of children. The country further said genocide can occur through both actions and omissions, including failing to provide life-sustaining necessities or withholding humanitarian assistance. The court said any interpretation adopted in the case will be legally binding on states that intervene, including Namibia. Namibia has previously raised concerns about the situation in Gaza at the ICJ. In February 2024, its then Justice Minister, Yvonne Dausab, addressed the court during hearings related to Israel’s occupation of Palestinian territories. ‘The parallels between Namibia and Palestine are striking and painful. Both peoples experienced occupation, loss of land, and restrictions on self-determination.’ Other countries that have previously intervened or requested to intervene include Colombia, Mexico, Spain, Türkiye, Chile, Ireland, Brazil and Belgium. The court has invited SA and Israel to submit written observations in response to the declarations of intervention.

Windhoek Observer