The International Court of Justice (ICJ) has resumed hearings on South Africa’s case accusing Israel of genocide in Gaza and seeking an immediate halt to its military actions in Rafah. Israel has dismissed the case as “wholly unfounded” and “morally repugnant.”

Central to the controversy is the ICJ’s interim judgement from January, where it stated: “In the Court’s view, the facts and circumstances… are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible.” This led to widespread misinterpretation that the court found the genocide claim against Israel “plausible.”

In April, then-president of the ICJ Joan Donoghue clarified on BBC that the ruling did not determine the plausibility of genocide claims against Israel. Instead, it recognized South Africa’s right to bring the case and acknowledged that Palestinians had “plausible rights to protection from genocide,” which were at risk of irreparable harm.

South Africa’s case, launched last December, alleges that Israel’s military actions in Gaza were genocidal, intending to “destroy Palestinians in Gaza.” Israel strongly denies these allegations, arguing that its actions are legitimate self-defense against Hamas, a group designated as a terrorist organization by multiple countries. The comprehensive case could take years to resolve.

South Africa requested provisional measures from the ICJ to prevent further harm to Palestinians. The ICJ’s January ruling did not conclude whether genocide had occurred but emphasized the real risk of irreparable damage to Palestinians’ rights. This sparked a debate, with some interpreting the ruling as acknowledging a plausible genocide claim.

The dispute continued in various forums, including a UK parliamentary committee, leading to further clarifications. Donoghue reiterated that the court had not determined a “plausible case of genocide,” focusing instead on the risk of harm to Palestinians.

The ICJ’s final decision on whether Israel has committed genocide remains pending.