What are the Implications of South Africa's Case Against Israël at the ICJ?

Description

This podcast investigates the legal and political implications of South Africa's case against the Genocide Convention of Israel, before the International Court of Justice. The episode examines what this case reveals about the functioning, limits, and legitimacy of international law in situations of prolonged occupation and mass civilian harm, rather than focusing on its cases' legal "win" or "loss". The podcast positions South Africa’s application within the broader historical and political context of the Israeli-Palestinian conflict. It explains the ICJ’s role as a court of state responsibility, and outlines the legal threshold for genocide with particular attention to the contested question of intent. The podcast analyzes the significance of the ICJ’s 2024 Advisory Opinion on Israel’s presence in the Occupied Palestinian Territory, based on the interview with Professor Fuad Zarbiyev and Dr. Ardi Imseis. The interview not only emphasizes how it clarified Israel’s obligations as an occupying power, but also addresses structural constraints on the Court, including enforcement gaps, political pressure, and procedural delay. To conclude, the podcast reflects on the concept of international legal subalternity and considers whether South Africa’s case represents another case of international law’s unfulfilled promises, or a meaningful intervention capable of reshaping political accountability and global norms surrounding justice and human rights. By Aya, Camille, Gabrielle and Lin Mint 265 - Human Rights and Humanitarianism through the Concepts - Julie Billaud, Neus Torbisco-Casals - December 2025