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South Africa takes Israel back to ICJ over Gaza court orders
24htopnews | August 30, 2026 4:42 PM CST

South Africa announced on Friday, August 28, that it had submitted an extensive file to the International Court of Justice (ICJ), presenting evidence it says shows Israel has failed to comply with legally binding provisional measures ordered by the court to protect Palestinians in Gaza.

The South African government said the submission was made on Tuesday, August 25, as part of its genocide case against Israel, which was filed on December 29, 2023, under the Convention on the Prevention and Punishment of the Crime of Genocide.

Pretoria said the dossier contained information and evidence concerning what it described as Israel’s non-compliance with three sets of provisional measures issued by the ICJ in 2024.

The measures included orders requiring Israel to take steps to prevent acts prohibited under the Genocide Convention and facilitate urgently needed humanitarian assistance for Palestinians in Gaza. In May 2024, the court also ordered Israel to halt its military offensive in Rafah where conditions could inflict on Palestinians in Gaza conditions of life that could bring about their physical destruction.

“Regrettably, Israel has not complied with the Orders,” South Africa said, adding that it would continue to pursue all available avenues to secure Israel’s “full and immediate compliance” with the court’s decisions.

Photo: Anadolu Agency

South Africa cites Gaza toll and humanitarian conditions

According to the South African government, at least 73,407 Palestinians have been killed and 174,335 injured in Gaza since October 7, 2023. It said an estimated 46,000 survivors, including children, were living with serious conflict-related injuries, including amputations and brain and spinal cord injuries.

South Africa said Palestinians in Gaza were facing increasingly difficult humanitarian conditions, with the available living space shrinking and shortages affecting water, healthcare, medicines and other essential supplies.

The government also cited alleged violations since a ceasefire agreement took effect on October 10, 2025, saying more than 1,300 Palestinians had been killed and over 4,330 injured during that period. It added that rescue teams had recovered hundreds of bodies from beneath the rubble.

The submission was made under Article 11 of the ICJ’s rules concerning Internal Judicial Practice, under which a committee examines information provided by the parties regarding the implementation of provisional measures.

International Court of Justice (Photo: AFP)

South Africa said the alleged failure to comply undermined the protective purpose of the measures and risked causing further irreparable harm before the court could deliver its final judgment.

Pretoria said it had previously submitted evidence relating to the implementation of the ICJ’s orders to the UN Security Council in May 2024 and February and September 2025, calling on states to take action to prevent and punish genocide and ensure compliance with the court’s decisions. It also submitted material concerning starvation in Gaza to the UN General Assembly and the Economic and Social Council in October 2025.

The case is expected to continue for several years. Israel has submitted its response to South Africa’s case and raised objections concerning the court’s jurisdiction.

Israel rejects South Africa’s accusations of genocide and maintains that its military operations target Hamas and other armed groups. The ICJ’s provisional measures do not constitute a final ruling on whether genocide has occurred.

South Africa said it would continue seeking Israel’s compliance with the court’s orders, arguing that the measures were intended to protect Palestinian rights under the Genocide Convention and prevent those rights from being irreparably harmed before a final decision is reached.


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