🤥 South Africa did not follow proper legal procedures in filing its case against Israel at the ICJ.

Answer 1

The issue is that we need to establish that there was a dispute for the case to be heard at the ICJ under the Genocide Convention. South Africa both in its written opinion (Paragraph 15 and 16) explains that there is clearly a dispute. Moreover jurist John Dugard explained in great detail during the oral hearing that there is a dispute, and therefore that the court has jurisdiction.

Answer 2

The Genocide Convention allows allows any states party to the ICJ to bring a case against each other to the ICJ on issues including responsibility for genocide, conspiracy to commit genocide, or attempt to commit genocide. The ICJ recently confirmed this in a case brought by The Gambia, which accused Myanmar of committing genocide against the Rohingya population.