US Backs Israel at ICJ: Genocide Case Defense

The United States, Namibia, Hungary, and Fiji have filed declarations of intervention in South Africa’s case of genocide against Israel at the International Court of Justice (ICJ) in The Hague, the United Nations’ top court. These declarations follow similar filings by the Netherlands and Iceland earlier this week, adding to a growing number of countries participating in the proceedings.

South Africa’s Genocide Case

South Africa brought its 84-page lawsuit before the World Court in December 2023, accusing Israel of genocide in its war in Gaza and seeking to halt its military assault on the region. The case alleges that Israel has committed genocidal acts, violating the 1948 Genocide Convention, to which both South Africa and Israel are signatories.

Israel has dismissed the case as lacking factual and legal basis.

Interventions and Legal Basis

The US, Namibia, Hungary, and Fiji filed their statements on Thursday, March 12, under Article 63 of the Statute of the Court, which allows countries to intervene in cases involving the interpretation of a convention to which they are parties, even if they are not directly involved in the dispute.

The US, in an 11-page declaration, rejected South Africa’s accusations of genocide against Israel, stating the allegations are “false” and “unfortunately nothing new.” The US cited its role in drafting the 1948 Genocide Convention as justification for offering its interpretations of the treaty’s provisions.

With these interventions, a total of 22 countries are now seeking to participate in the proceedings, including Spain, Mexico, Belgium, and Ireland.

Upcoming Filings and Ongoing Conflict

Israel is expected to file its counter-memorial, or arguments responding to South Africa’s charges, on Friday, March 13. This follows South Africa’s submission of a more than 750-page memorial to the ICJ in October 2024. The court had previously granted Israel several extensions to file its counter-memorial.

More than 72,000 Palestinians have been killed since Israel’s war on Gaza began in October 2023, following the Hamas-led attack on Israel. A recent study published in the Lancet Global Health medical journal estimates the death toll to be higher, exceeding 75,000 Palestinians in the first 16 months of the war (between October 7, 2023, and January 5, 2025).

Israeli officials have recently acknowledged that the figures compiled by health authorities in Gaza are broadly accurate.

Despite a US-brokered “ceasefire” implemented last October, Israeli attacks on Gaza have continued, resulting in over 600 deaths since the “ceasefire” began, according to reports. Approximately 80% of buildings in the Gaza Strip have been damaged or destroyed, and many Palestinians remain living in tents.

Netherlands and Iceland’s Submissions

The Netherlands’ declaration of intervention focuses on the interpretation of the Genocide Convention concerning forced displacement, acts against children, the obligations of third states to prevent genocide, starvation, and the withholding of humanitarian aid. The Netherlands argues that forced displacement and withholding aid may, depending on the circumstances, constitute acts of genocide.

Iceland, in its submission, argues that the Genocide Convention should be interpreted in a way that supports its objective of preventing and punishing genocide.

A report from the Jerusalem Post suggested that the submission of Israel’s counter-memorial may be delayed due to the US-Israeli conflict with Iran and escalating tensions in the Middle East.

According to Dr. Atilla Kisla of the Southern Africa Litigation Centre, Israel’s counter-memorial is a crucial opportunity to dismantle South Africa’s arguments on both facts and law. He noted that developments on the ground do not change the legal framework or the facts before the ICJ.

The filing of the counter-memorial marks the next step in the proceedings, which are expected to take years before a final judgment is reached. The ICJ will likely request further written submissions and then hold oral hearings in The Hague.

This article was updated at 3pm on Friday, 13 March, to include the declarations of the US, Namibia, Hungary and Fiji.