South Africa Request Additional Provisional Measures Against Israel Before the ICJ: Press Release and Applicaiton

 

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The ICJ Registry issued a Press Release on 6 March 2024 stating that "South Africa today filed an urgent request with the Court for the indication of additional provisional measures and the modification of the Court’s Order of 26 January 2024 and decision of 16 February 2024 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)."  Without advancing an opinion on the merits it is possible to consider the way that the South African text captures  quite well the discursive elements  that make up the premises, that shape both perspective and interpretive framework in the situation in and around Gaza.  Within it, there is only on actor worth pursuing--the others disappear--in this case especially Egypt which shares a border with Gaza and which is at least theoretically an autonomous state actor; the organization known collectively as Hamas the legal personality of which  defines its connection with the proceedings, and certain institutions of the UN that have been suggested (though the suggestion have been dismissed as exaggerated) are complicit in various aspects of the conflict. It is this discursive framework that now appears to dominate the constitution of the realities of the situation in Gaza and define the conceptual fields within which the analytics of ICJ jurisprudence will be applied; it will likely also serve others as the basis for the analytics and consequences that follow, in law and action. If for no other reason, and beyond the horrible suffering that feeds on ethno-religious conflict, the filing is worth a careful read.

The text of the Press Release follows below. The South African filing may be accessed here.

PRESS  RELEASE

No. 2024/21

6 March 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide
in the Gaza Strip (South Africa v. Israel)
The Republic of South Africa submits an urgent request for the indication
of additional provisional measures and the modification of the Court’s
prior provisional measures Order and decision

THE HAGUE, 6 March 2024. South Africa today filed an urgent request with the Court for
the indication of additional provisional measures and the modification of the Court’s Order of
26 January 2024 and decision of 16 February 2024 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 it is “compelled to return to the Court in light of
the new facts and changes in the situation in Gaza — particularly the situation of widespread
starvation — brought about by the continuing egregious breaches of the Convention on the
Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing
manifest violations of the provisional measures indicated by this Court on 26 January 2024”.
It requests the Court to indicate further provisional measures and/or to modify the provisional
measures indicated it its Order of 26 January 2024, pursuant to Article 41 of the Statute of the Court
and Article 75, paragraphs 1 and 3, and Article 76, paragraph 1, of the Rules of Court, respectively,
“in order urgently to ensure the safety and security of 2.3 million Palestinians in Gaza, including
over a million children”. It urges the Court to do so without holding a hearing, in light of the “extreme
urgency of the situation”.
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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
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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”.

It is recalled that, pursuant to Article 74 of the Rules of Court, “[a] request for the indication
of provisional measures shall have priority over all other cases”.

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 16 February 2024, the Court issued its decision on South Africa’s request for additional
provisional measures dated 12 February 2024.
Earlier press releases relating to this case are available on the Court’s website.
___________
 

Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.
 

The French version of this press release will be issued as soon as possible.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the
Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague
(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law,
legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions
referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394

Email: info@icj-cij.org