By Darius Spearman (africanelements)

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Recently, President Cyril Ramaphosa confirmed

South Africa filed its case at the International Court of Justice in December 2023, alleging that Israeli conduct in Gaza amounts to genocide. Recently, Ramaphosa told Parliament that the ceasefire will not affect the case and that Israel is expected to submit its response by mid-January 2026. Consequently, the legal calendar remains intact: written pleadings continue and oral hearings are scheduled for subsequent years. (President Ramaphosa’s comments were reported directly following the ceasefire announcement.) (Al Jazeera).

In

Moreover, multiple states and human-rights groups have engaged politically and legally, offering support or amicus briefs. Spain, Ireland, Türkiye, and Colombia are among states cited as aligned with South Africa on aspects of the case, and global rights organizations have underlined the importance of an independent legal finding. As a result, the case has become a focal point for international debate about what legal accountability means during wartime. (Al Jazeera).

South Africa’s decision to bring a genocide case is steeped in its own anti-apartheid past and the legal architecture that followed. As a country shaped by international solidarity and human-rights law, South Africa has previously invoked global legal institutions to challenge injustice. Therefore, the state frames its ICJ action as consistent with a history of using courts to name and pursue accountability for massive crimes. (Al Jazeera).

From a diaspora perspective, this move also resonates with longer traditions of Black internationalism. Historically, Black activists and anti-colonial movements have sought legal and moral recognition at international fora. Consequently, South Africa’s litigation is interpreted across African and diaspora communities as an assertion that international law can be pressed to protect marginalized populations and to challenge the structural power that obstructs accountability. The legal move thus acts as an extension of solidarity beyond borders. (Africanews).

Legal definition

ICJ emergency orders to

Written submissions where states present

Furthermore,

From an African Diaspora perspective, the

In addition, the case affects transnational solidarity networks: legal records, memorials, and rulings provide material for activism, reparative claims, and future policy. Therefore, even a pause in fighting that lacks an accountability trajectory risks perpetuating cycles of harm. This is why South Africa and its supporters argue that legal processes must proceed regardless of temporary political arrangements. (Al Jazeera).

In closing, South Africa’s decision to proceed at the ICJ while a ceasefire is in place is deliberate. The state seeks a binding legal determination and a record that could inform reparations, sanctions, or further litigation. From a diasporic and Black internationalist lens, the case embodies a demand that international law serve as a remedy against systemic violence. Thus, this legal process matters not only for Gaza and Israel, but for how global institutions will respond to grave harm in the future. (Al Jazeera).

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.