South Africa’s case against Israel at the International Court of Justice has seen several developments over the past few days, as more countries have filed declarations of intervention, notably the United States.

The Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) was brought before the International Court of Justice on 29 December 2023, three months after Hamas launched the October 7 attacks on Israel.

Since then, the court has issued three sets of binding provisional measures, ordering Israel to, amongst other things, prevent the commission of genocidal acts and “ensure, without delay,…the unhindered provision of urgently needed basic services and humanitarian assistance”.

At the weekend, Israel filed its Counter-Memorial to South Africa’s Memorial dated 28 October 2024, after twice requesting an extension to the time limits set by the Court, which the Court granted.

In a statement, the Presidency says South Africa will now consider Israel’s response and decide whether to request the Court’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.”

The Presidency says the situation in Gaza has been compounded by the escalating crisis in the Gulf and the ongoing attacks by Israel on Lebanon, arguing these developments risk widening the conflict with grave implications for regional and international peace and security.

“Israel’s violations of international law that maintain the unlawful occupation of Palestine and deny Palestinians the most basic of human rights – including the right to self-determination – have been documented by multiple United Nations bodies and NGOs, and confirmed by the ICJ – as the UN’s principal judicial organ – as well as the resolutions of the UN’s political organs.”

Israel, in its Counter-Memorial to the ICJ, rejected South Africa’s “fabricated and politicised blood libel.”

“South Africa, Hamas’s legal mouthpiece, is weaponizing international law as a propaganda spectacle.”

“Following Hamas’s invasion and massacre on 7 October 2023, Israel exercised its right and duty to defend its citizens. Contrary to South Africa’s baseless claims, Israel has affirmed, through words and deeds, that it was targeting Hamas and its accomplices, not Gaza’s civilian population.”

The United States of America filed its declaration of intervention to the Court last week.

In its filing, the United States has affirmed, “in the strongest terms possible”, that the allegations of genocide against Israel are false.

Other countries that have recently filed declarations of interventions include Namibia, Hungary, Fiji, the Netherlands and Iceland. 22 countries in total have now filed declarations to intervene.

More than 72,000 Palestinians have been killed since Israel’s war on Gaza began in October 2023, but the death toll could be much higher, according to a recent study published in the Lancet Global Health medical journal.