A year on, SA spends nearly R100m on landmark genocide case against Israel

JOHANNESBURG - This month marks a year since South Africa made headlines across the globe by launching a landmark genocide case against Israel, in the world’s highest court for its attacks on Palestinians in Gaza.  

Some have criticised SA for spending vast amounts of money on the case when the fiscus is constrained and domestic needs can’t all be met.  

International law lecturer at Stellenbosch University and former International Relations advisor Michele Olivier believes SA will have to think carefully about what it wants to achieve from this case in 2025, beyond rallying international support for a decades-long dispute. 

READ: Govt's R95m expenditure on ICJ genocide case against Israel approved by National Assembly

Government has so far spent more than R95 million on its genocide case against Israel.  

Olivier said SA has adopted the domestic approach of using legal avenues to solve what is essentially a political dispute – which internationally falls within the ambit of the United Nations (UN) Security Council.

"We must not lose perspective of the fact that Israel regards themselves as waging a war. So, the rules of warfare apply, self-defence and then the fact that they do not apply proportionality," Olivier said.

READ: Ramaphosa doesn't expect SA's genocide case against Israel to impact on relations with G20 nations

Olivier doesn’t believe likening the Middle East situation to apartheid will hold up in law. 

"My guess would be the court would find it difficult to find in favour of genocide. But, most definitely, there are clear examples of war crimes, not only on Israel's side [but] on both sides."

By mid-2025, Israel is expected to respond to South Africa's 4,000-page memorial of evidence that it’s been committing genocide in Gaza.