Provisional measures

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Public sitting held on Thursday 16 May 2024, at 3 p.m., at the Peace Palace, President Salam presiding, 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. Israe

Public hearings to be held on Thursday 16 May and Friday 17 May 2024

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2024/42
14 May 2024
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) Request for the indication of additional provisional measures and the modification of previous provisional measures Public hearings to be held on Thursday 16 May and Friday 17 May 2024

Request by South Africa for the indication of provisional measures and modification of the Court's previous provisional measures

1
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF
THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
URGENT REQUEST FOR THE MODIFICATION AND INDICATION OF PROVISIONAL
MEASURES PURSUANT TO ARTICLE 41 OF THE STATUTE OF THE INTERNATIONAL
COURT OF JUSTICE AND ARTICLES 75 AND 76 OF THE RULES OF COURT OF THE
INTERNATIONAL COURT OF JUSTICE
I. INTRODUCTION
1. The Republic of South Africa (‘South Africa’) regrettably finds it necessary to return to the

Summary of the Order of 30 April 2024

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Summary
Unofficial
Summary 2024/4
30 April 2024
Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany) Request for the indication of provisional measures

The Court finds that the circumstances do not require the exercise of its power to indicate provisional measures

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2024/37
30 April 2024
Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany) Request for the indication of provisional measures The Court finds that the circumstances do not require the exercise of its power to indicate provisional measures

Dissenting opinion of Judge ad hoc Al-Khasawneh

DISSENTING OPINION OF JUDGE AD HOC AL-KHASAWNEH
Unusual character of Court’s Order  Divergent from Court’s rich and constant
jurisprudence  Lack of reasoning  Urgency evidently satisfied  Monetary Gold principle
inapplicable  Procedural flaw in hearing the Parties.
1. The Order issued today by the Court on the request for the indication of provisional
measures by Nicaragua is an unusual document, more notable for what it does not contain than for
what it does and, as far as can be ascertained, unlike anything before it in terms of the long, rich and

Declaration of Judge Tladi

DECLARATION OF JUDGE TLADI
Assessment of “circumstances” requiring exercise of the Court’s power under Article 41 of the Statute  Court must remain free to weigh all circumstances together in a fluid way  Conditions developed in Court’s jurisprudence for indication of provisional measures are not a “box-ticking” exercise  Present Order is not inconsistent with the approach adopted by the Court in the past.

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