Is Israel committing genocide in Gaza? What the ICJ has and has not decided

Whether Israel is committing genocide in Gaza is one of the most bitterly contested questions in international politics. South Africa has asked the International Court of Justice, the UN's top court, to decide it. Israel rejects the accusation and says it is fighting Hamas in self-defence. On social media, the case is often described as already decided one way or the other. It is not. This story sets out what the court has and has not ruled.

Background

South Africa filed the case in late December 2023, arguing that Israel's military campaign in Gaza, launched after the Hamas-led attack on Israel of Oct. 7, 2023, breaches the 1948 Genocide Convention (ICJ case page). Both countries are parties to the Convention. Genocide in law requires specific intent to destroy a national, ethnic, racial or religious group, in whole or in part, which is a high bar.

On Jan. 26, 2024, the court issued provisional measures, emergency orders made before any ruling on the merits (ICJ press release via UN). It found that the rights South Africa sought to protect, including the right of Palestinians in Gaza to be protected from acts of genocide, were plausible. It ordered Israel to take all measures within its power to prevent acts covered by the Convention, to prevent and punish incitement to genocide, to enable humanitarian assistance, to preserve evidence, and to report to the court. The court did not find that genocide was occurring.

Where things stand (as of Oct 18, 2026)

• Written pleadings. South Africa filed its main written argument (Memorial) in 2024. After extensions (Oct. 2025 order), Israel filed its Counter-Memorial on March 12, 2026, including objections to the court's jurisdiction and the admissibility of the case (South African Presidency).
• A long timetable. On May 21, 2026, the court ordered a second round of written pleadings, giving South Africa until Nov. 22, 2027 to file a Reply and Israel until May 22, 2029 to file a Rejoinder (order, UN summary). Oral hearings and a judgment on the merits will come after that.
• Interventions. Several states have filed declarations of intervention. Colombia withdrew its declaration in September 2026 (ICJ press release via UN).
• Parallel findings. In September 2025 the UN Human Rights Council's Commission of Inquiry concluded that Israeli authorities and security forces have committed genocide in Gaza (UN). Israel rejects the commission's work as biased. The commission is not a court, and its findings do not bind the ICJ.

Key claims on trial

• "The ICJ has ruled that Israel is committing genocide." (widely shared online). Unverified, and false as stated. The court has not ruled on the merits. Its 2024 orders found certain rights "plausible" and imposed protective measures. That is not a finding of genocide.
• "The ICJ threw out South Africa's case." (widely shared online). Unverified, and false as stated. The case is active. Israel has raised objections to jurisdiction and admissibility, which the court has not decided.
• "Israel is committing genocide in Gaza." (South Africa, UN Commission of Inquiry, many rights groups). Pending. This is the question before the court. The Commission of Inquiry concluded yes, but it is not a court and Israel disputes its findings. Proving genocidal intent to the ICJ's standard is difficult, and the court will weigh evidence from both sides.
• "Israel is acting in lawful self-defence against Hamas and has no genocidal intent." (Israel). Pending. Israel says its campaign targets Hamas after the Oct. 7 attack and that it has sought to limit civilian harm. Self-defence does not in itself answer a genocide claim, which turns on intent and conduct. The court has not ruled.
• "The court ordered Israel to stop its military operation." (some commentators). Disputed. The January 2024 order did not order a general halt to military operations. Later 2024 orders addressed specific matters, and their exact wording has been argued over. Readers should check the text of each order.
• "South Africa brought the case for political reasons." (Israel, US administration). Disputed. The US cited the case when cutting aid to South Africa in 2025. South Africa says it is meeting its obligations under the Genocide Convention. Motive does not affect the legal merits.
• "A ruling is close." (some advocates). Unverified. On the current timetable, written pleadings will not close until May 2029.

What is still unknown

How the court will rule on Israel's objections to jurisdiction and admissibility, and whether it will decide them separately or with the merits. What evidence of intent each side will put forward in later pleadings, much of which is not public. How casualty figures, which are themselves contested, will be assessed. Whether further requests for provisional measures will be made. Whether a judgment, likely years away, will be complied with.

Source notes

ICJ orders and press releases are primary sources; some were accessed through the UN's Question of Palestine portal and the court's document server. The South African Presidency statements come from a party to the case. Israel's Counter-Memorial is not public, so its contents are described here only as reported. The UN Commission of Inquiry is an investigative body of the Human Rights Council; Israel rejects its findings. Mediajury found only ICJ, UN and party sources for the May 2026 order in this pass; independent wire coverage should be added before publication. Casualty numbers are deliberately not given here because they are disputed and outside this story's narrow question.

Sources

• ICJ: case page, South Africa v. Israel
• ICJ press release on provisional measures, Jan. 26, 2024 (via UN)
• ICJ order on time limits, Oct. 2025
• ICJ order, May 21, 2026
• UN: ICJ order fixing Reply and Rejoinder time limits
• South African Presidency: Israel's response filing (party source)
• South African government: Presidency notes ICJ order, June 2026 (party source)
• ICJ press release: Colombia withdraws declaration of intervention (via UN)
• UN Commission of Inquiry conference room paper, Sept. 2025

Lead image: The International Court of Justice during the hearing in South Africa v. Israel, The Hague, Jan. 11, 2024. Photo: Frank van Beek/UN Photo/ICJ-CIJ, via International Court of Justice.