South Africa attempts to delay ICJ genocide case filing deadline as it struggles to find evidence

Israel attempts to gain congressional support to pressure SA to drop case or pay ‘heavy price’

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Nine months after filing a lawsuit with the International Court of Justice (ICJ), the South African government is trying to postpone the deadline for submitting evidence to support its claim, according to a report from KAN News.

The deferral pertains to the main proceedings in the ICJ case in The Hague, where South Africa has accused Israel of violating the Genocide Convention.

South Africa has an obligation to submit its reasons for continuing the case and any evidence in its filing by Oct. 28. However, the country is reportedly trying to extend the deadline by several months due to a lack of sufficient evidence to prove its case. Apparently, the country hopes to obtain more evidence during that time, or to use the time to continue to turn world opinion against Israel.

The tactic is highly unusual, in that parties accusing a country of genocide usually push for a ruling as soon as possible to obtain legal measures against the accused country in order to stop the illegal behavior. The defendant country is usually the one interested in delaying charges.

Meanwhile, a report from Walla News noted that Israel’s Foreign Ministry, under the guidance of Foreign Minister Israel Katz, is waging a diplomatic campaign against South Africa intended to pressure the country into dropping its lawsuit.

Walla claims to have obtained a classified State Department cable describing Israel’s attempts to gain the support of members of the U.S. Congress in its pressure campaign against South Africa. According to Walla, Israel plans to ask several members of Congress to threaten the country with suspended trade agreements between South Africa and the United States if it does not drop the lawsuit.

The Walla report said that Israel hopes the new South African coalition government will be willing to take a different approach to the Gaza War.

In December 2023, South Africa filed a lawsuit with the International Court of Justice, accusing Israel of violating the United Nations 1948 Genocide Convention.

Specifically, South Africa claimed that Israel’s actions in Gaza are genocidal in nature because “the articulated intent is the destruction of Palestinian life.”

Israeli Prime Minister Benjamin Netanyahu rejected the claims, saying: "Today, again, we saw an upside-down world, in which the State of Israel is accused of genocide at a time when it is fighting genocide."

The classified communique to the Israeli embassy in Washington D.C., and other consulates in the U.S., stated, “We ask for your immediate action vis-à-vis federal and state legislators, governors and Jewish organizations, and other force multipliers to pressure South Africa to change its policy toward Israel.”

The cable instructed the influencers “to make it clear that the continuation of the current policy line [ that of supporting Hamas and promoting anti-Israeli moves in The Hague] is liable to exact a heavy price from it.”

In May, the ICJ ordered Israel to stop its military operations in Gaza if they risk causing the “physical destruction in whole or in part” of Gaza civilians. However, it did not order the State of Israel to cease its war effort against the Hamas terrorist organization.