South Africa instituted proceedings against Israel before the International Court of Justice (ICJ) on 29 December 2023 under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 ("the Genocide Convention"). As both South Africa and Israel are States Parties to the Convention, Article IX provides jurisdiction for disputes concerning the interpretation, application, or fulfilment of the Convention to be submitted to the Court.

South Africa's application is rooted in the fundamental principle that the prohibition of genocide is one of the most important norms of international law. The Genocide Convention not only prohibits genocide itself but also imposes positive obligations on States to prevent and punish genocide wherever there is a serious risk that it may occur. These obligations are regarded as erga omnes obligations - owed to the international community as a whole. Consequently, every State Party has a legal interest in ensuring compliance with the Convention.

South Africa's case concerns allegations that Israel's conduct in Gaza has violated its obligations under the Genocide Convention through acts that fall within the Convention's definition of genocide, including the killing of members of a protected group, causing serious bodily and mental harm, and inflicting conditions of life calculated to bring about the group's physical destruction in whole or in part. South Africa also raised concerns regarding statements by public officials that may constitute direct and public incitement to commit genocide.

The proceedings do not seek to determine political outcomes but rather to uphold international law, protect civilian lives, preserve the integrity of the Genocide Convention, and ensure accountability through the judicial mechanisms established by the United Nations system.