South Africa will start a case against Israel in the International Court of Justice (ICJ) at The Hague, the Netherlands, on January 11.

South Africa argues Israel’s assault on Gaza violates its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide. The following day, Israel will put its case to the ICJ.

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More than 22,000 Palestinians have been killed since Israel’s bombing campaign began on October 7. In addition, basic supplies have been cut, including food and water, further depriving the 2.3 million Gazan people, who have had to survive a 17-year-long blockade.

Israel has repeatedly rejected that it is breaking international law. This is despite it having unleashed “a large-scale military assault by land, air and sea, on the … narrow strip of land approximately of 365 square kilometres”, according to the case notes submitted by South Africa.

South Africa is seeking an interim order from the ICJ or World Court that would require Tel Aviv to halt its assault on Gaza.

While the case is strong, the determination will not boil down the legalities: politics will play a major role in the outcome.

The US has been supporting Israel’s massacre, including by supplying it weapons, and it has also blocked United Nations’ attempts to end it.

Yet 153 UN member states voted in favour of a humanitarian non-permanent ceasefire on December 12, with only 10 nations — including the US — voting against it.

“Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” reads South Africa’s application. It lists eight UN reports which found that Israel’s past attacks on Gaza breached international law.

“More gravely still, Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza,” it continues.

The Genocide Convention defines genocide as “acts committed with intent to destroy, in whole or........

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