On the Possibility of Genocide in the Gaza Strip: The Case of South Africa v. Israel before the International Court of Justice

Abstract

This article analyzes the ongoing military offensive by the State of Israel in the Gaza Strip through the lens of international law, considering the possibility that such actions may constitute an act of genocide. To that end, it examines the case brought by South Africa before the International Court of Justice (ICJ) and the preliminary ruling issued by the Court in January 2024, which acknowledged the plausibility of the accusation. Employing a qualitative approach, the study is based on documentary analysis, including the parties' submissions to the ICJ, international resolutions, reports by human rights organizations, and statements from state actors. The theoretical framework draws on the traditions of realism and constructivism, allowing for an analysis of both Israel’s strategic and security interests and the symbolic and normative disputes underlying South Africa’s actions and the international community’s responses. Within this context, the article reflects on the role of international law as a mechanism for regulating armed conflicts, as well as on the legitimacy —or contestation— of specific state practices from the perspective of shared international responsibility in the face of mass atrocities.