Netanyahu has been arrested.
What is the status of the lawsuit filed against Israel for the genocide it committed? Is it still ongoing?
It is predicted that the final legal decision (ruling) on whether Israel violated the Holocaust Convention may not be reached until 2028.
Dtesca May 26, 2026 3 minutes read
It is predicted that the final legal decision (ruling) on whether Israel violated the Holocaust Convention may not be reached until 2028.
The genocide case filed against Israel by the Republic of South Africa at the International Court of Justice (ICJ) in December 2023 is actively ongoing. The case is currently in the “Written Phase (Pleadings)” process, one of the most critical stages of the legal procedure.
The latest stage and current developments in the case are summarized below:
- The Process of Mutual Petitions (Written Phase)
South Africa’s Evidence File (Memorial): South Africa submitted a comprehensive evidence file proving Israel’s genocidal intent and actions on the ground to the court in October 2024.
Israel’s Counter-Memorial: After requesting two extensions from the court, Israel submitted its formal defense and response to the accusations on March 12, 2026.
Next Step: The South African government is currently reviewing this defense petition submitted by Israel. South Africa will decide whether to exercise its right to submit a new written statement (Reply) in response to these documents or to proceed directly to the oral hearings phase. - A Flood of Global Intervention (Support) in the Case
The case has turned into a major legal bloc on an international level. Many countries have formally intervened (joined) or notified the court in order to support the interpretation of the 1948 Genocide Convention and South Africa’s arguments:
Numerous countries, including Turkey, Colombia, Libya, Mexico, Palestine, Spain, Chile, Cuba, Brazil, and Belgium, had notified their intervention early in the case.
New Participations in March 2026: As the process progressed, Paraguay (March 4, 2026), the Netherlands, and Iceland (March 11, 2026) were among the last countries to formally notify their intervention in the case under Article 63 of the court’s charter.
- Provisional Measures Issued
Knowing that the main case would take years to conclude, the court issued three separate emergency provisional measures in previous months (January 26, March 28, and May 24, 2024) to prevent a humanitarian catastrophe in Gaza. These resolutions stipulated that Israel must cease its military operations, prevent acts of genocide, and allow unimpeded access for humanitarian aid to Gaza. However, Israel is criticized for continuing to largely violate these binding resolutions on the ground.
When Will the Process Be Complete?
Genocide cases at the International Court of Justice are by their nature very slow. Given the time required for states to present all evidence, for witnesses to be heard, and for defenses to be presented, it is projected that a final legal decision (ruling) on whether Israel violated the Genocide Convention could be reached by 2028.
The case is not currently suspended or shelved; it is actively and formally proceeding in The Hague, the highest court of international law.
About the Author
