The move comes as Australia, in a significant break from Israeli and US policy, voted yes in the UN General Assembly to upgrading Palestine’s UN membership status. The resolution passed with 143 countries voting in favour, nine voting against, and 25 abstentions.
International Court of Justice press release follows.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
THE HAGUE, 10 May 2024. South Africa today filed an urgent request with the Court for the indication of additional provisional measures and the modification of provisional measures previously prescribed by the Court in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
In its new request, South Africa states that the provisional measures previously indicated by the Court “are not capable of ‘fully address[ing]’ the changed circumstances and new facts on which [its] Request is founded”. It further states that “[t]he situation brought about by the Israeli assault on Rafah, and the extreme risk it poses to humanitarian supplies and basic services into Gaza, to the survival of the Palestinian medical system, and to the very survival of Palestinians in Gaza as a group, is not only an escalation of the prevailing situation, but gives rise to new facts that are causing irreparable harm to the rights of the Palestinian people in Gaza”.
South Africa requests the Court to indicate further provisional measures and modify the previous provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73 (1), 74 (1), 75 (1) and (3) and/or 76 (1) of the Rules of Court, for “the protection of the Palestinian people in Gaza from grave and irreparable violations of their rights, and of South Africa’s rights, under the Convention on the Prevention and Punishment of the Crime of Genocide”.
History of the proceedings
On 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.
The Application also contained a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court. The Applicant requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.
Public hearings on the request for the indication of provisional measures submitted by South Africa were held on Thursday 11 and Friday 12 January 2024. On 26 January 2024, the Court delivered its Order on South Africa’s request.
On 23 January 2024, Nicaragua, referring to Article 62 of the Statute of the Court, filed in the Registry of the Court an Application for permission to intervene “as a party” in the case.
On 16 February 2024, the Court issued its decision on South Africa’s request for additional provisional measures dated 12 February 2024.
On 28 March 2024, the Court indicated additional provisional measures, following a request from South Africa, dated 6 March 2024, for the indication of additional provisional measures and/or the modification of its Order of 26 January 2024.
On 5 April 2024, Colombia, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.
On 10 May 2024, Libya, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case.
Earlier press releases relating to this case are available on the Court’s website.
First published by the ICJ, May 10, 2024.
In its submission, South Africa requested that the ICJ indicate the following provisional measures:
- The State of Israel shall immediately withdraw and cease its military offensive in the Rafah Governorate.
- The State of Israel shall immediately take all effective measures to ensure and facilitate the unimpeded access to Gaza of United Nations and other officials engaged in the provision of humanitarian aid and assistance to the population of Gaza, as well as fact-finding missions, internationally mandated bodies or officials, investigators, and journalists, in order to assess and record conditions on the ground in Gaza and enable the effective preservation and retention of evidence, and shall ensure that its military does not act to prevent such access, provision, preservation or retention.
- The State of Israel shall submit an open report to the Court: (a) on all measures taken to give effect to these provisional measures within one week as from the date of this Order; and (b) on all measures taken to give effect to all previous provisional measures indicated by the Court within one month as from the date of this Order.
South Africa’s full ICJ submission is available here.
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