Middle Power Lawfare: South Africa, International Justice and the Gaza Crisis

Image: Getty, Dursun Aydemir/Anadolu
Image: Getty, Dursun Aydemir/Anadolu

The intensification of violence in Gaza following Hamas’s 7 October 2023 Al Aqsa Flood attack and Israel’s military response prompted a broader reassessment of global diplomacy.

Key takeaways

  • South Africa’s ICJ case marks a shift from symbolic solidarity to active legal diplomacy.
  • The case reflects frustration with traditional diplomacy and tests multilateral institutions in crisis.
  • South Africa’s actions are shaped by postapartheid constitutionalism and deep ties to Palestinian self-determination.
  • Compared to other Global South states, South Africa took a more assertive and public legal route.
  • Domestic civil society mobilisation and historical identity as a human rights state enabled this engagement.
  • The move aligns with a broader trend of middle powers using international law to assert influence amid global polarisation.

The views expressed in this publication/article are those of the author/s and do not necessarily reflect the views of the South African Institute of International Affairs (SAIIA).

23 Jul 2025

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