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

INTERNATIONAL COURT OF JUSTICE
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Press Release
Unofficial
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.
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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:
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