ICC SETS DEADLINE FOR SA IN ITS ISRAEL CASE

On 21 May 2026, the International Court of Justice (ICJ) issued an Order setting a deadline of 22 November 2027 for South Africa to file its Reply to Israel’s written pleading – submitted in March 2026 – in the case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).

Israel will then have until 22 May 2029 to submit a Rejoinder. The ICJ’s Order follows a meeting of the representatives of the parties and the President of the Court in The Hague on 29 April 2026, called by the President of the Court to discuss the next procedural steps in the case.

A second round of written pleadings is common in ICJ cases; in fact, in all previous cases brought under the Genocide Convention, parties have submitted a Reply and a Rejoinder.

Moreover, as Israel has now objected to the jurisdiction of the Court in its Counter-Memorial, submitted in March 2026 – and not, as contemplated in the Rules of Court, “as soon as possible, and not later than three months after the delivery of the Memorial” (i.e. January 2025) – South Africa will now have to address these objections to the Court’s jurisdiction in its Reply.

In terms of the Rules of Court, the written pleadings remain confidential until the Court determines otherwise.

At the time of filing its Counter-Memorial Israel’s counsel publicly declared that “its Counter-Memorial [proves] its legitimate objectives in the war have always been to eliminate the military and governing capabilities of Hamas and other terrorist organizations”.

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.

What is more, Israel remains bound by the three provisional measures Orders issued by the ICJ – at the request of South Africa – that seek to ensure the protection of the rights of Palestinians in Gaza, which the Court has determined are under “real and imminent risk of irreparable prejudice”.

These Orders oblige Israel, amongst other things, to ensure that its military does not commit any genocidal acts in Gaza, to ensure “without delay, in full co-operation with the United Nations, the unhindered provision…of urgently needed basic services and humanitarian assistance”, ensure the “unimpeded access” of UN commissions of inquiry, fact-finding mission and other investigative bodies to the Gaza Strip.