South Africa has formally filed its Memorial to the International Court of Justice (ICJ) on Monday in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide in Gaza (South Africa v. Israel).
This submission marks a significant step in South Africa’s ongoing legal action, which aims to hold Israel accountable under international law.
While the Memorial remains confidential and cannot be made public under ICJ rules, its filing comes as violence escalates in Gaza, with significant civilian casualties and increasing hostilities in the region.
‘The filing of this Memorial takes place at a time when Israel is intensifying the killing of civilians in Gaza, and now seems intent to follow a similar path of destruction in Lebanon,’ the Presidency said in a statement.
The action taken by South Africa since December 2023, culminating in the filing of this Memorial, has generated overwhelming national and international interest.
The Memorial, which outlines So
uth Africa’s primary case against Israel, presents evidence alleging that Israel has violated the Genocide Convention by promoting the destruction of Palestinians in Gaza through lethal force, blocking humanitarian assistance, creating life-threatening conditions, defying ICJ provisional measures, and using starvation as a tactic to depopulate Gaza through mass casualties and forced displacement.
The Memorial contains over 750 pages of text and 4 000 pages of supporting exhibits and annexes, documenting what the South African government views as Israel’s systematic targeting of Palestinians in Gaza.
‘The evidence will show that undergirding Israel’s genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself, and its failure to punish those inciting and committing acts of genocide.
‘South Africa’s Memorial is a reminder to the global community to remember the people of Palestine, to stand in solidarity with them and to stop the
catastrophe. The devastation and suffering has been possible only because despite the ICJ and numerous United Nations (UN) bodies’ actions and interventions, Israel has failed to comply with its international obligations,’ the Presidency said.
Last week, the world commemorated the signing of the Charter of the United Nations 79 years ago. The UN was created to save succeeding generations from the scourge of war.
‘To live up to this aspiration, all nations must insist on compliance with the UN Charter and international law. The action taken by South Africa, joined by other States, is primarily to stop a genocide in Palestine peacefully, through holding Israel accountable in the institutions set up for this very purpose by the United Nations.
‘Israel has been granted unprecedented impunity to breach international law and norms for as long as the UN Charter has been in existence. Israel’s continued shredding of international law has imperilled the institutions of global governance that were established to hol
d all States accountable,’ the Presidency said.
Speaking at the United Nations General Assembly earlier this year, President Cyril Ramaphosa highlighted South Africa’s aim to replicate the global solidarity that helped dismantle apartheid, now directed at ending the apartheid that Palestine is facing.
‘The South African story bears witness to the enduring role of the United Nations in global matters. In supporting our struggle, the UN affirmed the principles of the UN Charter: fundamental human rights, the dignity and worth of every person, and the equal rights of nations, large and small,’ the President said at that time.
President Ramaphosa further emphasised that South Africa’s action through the ICJ was an attempt to ensure that the same global solidarity that helped end apartheid in South Africa should be mobilised to end the apartheid that Palestinians are experiencing, including an end to the genocide of Palestinians.
‘The glaring genocide in Gaza is there for all who are not blinded by prejudice t
o see. South Africa expresses gratitude to the other nations that have filed Article 62 and 63 interventions to join the case that has been initiated at the ICJ.
‘We reiterate our appeal for an immediate ceasefire in Palestine, in Lebanon and the entire region, and the start of a political process to ensure a just and lasting peace,’ the Presidency said.
South Africa emphasised that the Palestinian people endure a daily struggle against ‘imperialism, Israeli apartheid, and settler colonialism’.
Since 1948, Palestinians have confronted various forms of colonisation, often supported by former colonial powers and more recently, by nations seeking to shape the global order to their advantage.
The global fight against settler colonialism persists in some parts of the world, including in occupied Palestine, both in Gaza and the West Bank.
‘The international community cannot stand by idly while innocent civilians – including women, children, hospital workers, humanitarian aid workers and journalists – are kille
d for simply being. That is a world we cannot accept.
‘South Africa’s case at the International Court of Justice is a comprehensive presentation of the overwhelming evidence of genocide in Gaza. The government wishes to thank its legal team for their dedication, skill and commitment,’ the Presidency said.
Source: South African Government News Agency