Provisional measures

Annex 1. Note Verbale from the Ministry of Foreign Affairs of Nicaragua to the German Federal Foreign Office, 2 February 2024
MINIC-MIS-071-02-2024
The Permanent Mission of Nicaragua to the United Nations presents its
compliments to the Permanent Mission of Germany to the United Nations, and has the
honour to attach herewith Note MRE/VM-AMM/0023/02/2024, from the Ministry of
Foreign Affairs of the Republic of Nicaragua, addressed to the German Federal Foreign
Office.
The Permanent Mission of Nicaragua to the United Nations kindly requests the

INTERNATIONAL COURT OF JUSTICE
APPLICATION
INSTITUTING PROCEEDINGS
containing a
REQUEST
FOR THE INDICATION OF PROVISIONAL MEASURES
filed in the Registry of the Court
on 1 March 2024
ALLEGED BREACHES OF CERTAIN
INTERNATIONAL OBLIGATIONS IN RESPECT OF
THE OCCUPIED PALESTINIAN TERRITORY
(NICARAGUA v. GERMANY)
[Original unedited English text filed by the Republic of Nicaragua]

OBSERVATIONS Of THE STATE OF ISRAEL ON THE REPUBLIC OF SOUTH AFRICA'S "URGENT
REQUEST FOR ADDITIONAL MEASURES UNDER ARTICLE 75(1) OF THE RULES OF COURT"
DATED 12 FEBRUARY 2024
1. Israel regrets that South Africa seeks once again to misuse the Court's provisional
measures procedure, this time by a highly peculiar and improper request that makes reference
to Article 75(1) of the Rules of Court.
2. At the outset, Israel again places on record its principled position that South Africa's

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 ADDITIONAL MEASURES UNDER ARTICLE 75(1) OF THE
RULES OF COURT OF THE INTERNATIONAL COURT OF JUSTICE
1. By way of an order dated 26 January 2024, the International Court of Justice ('IO') indicated
six provisional measures against Israel (Application of the Convention on the Prevention and
Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Order of 26 January

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. 2024/6
26 January 2024
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) The Court indicates provisional measures

SEPARATE OPINION OF JUDGE AD HOC BARAK

- 5 -
addressed soldiers involved in hostilities in the Gaza Strip, I cannot plausibly exclude that such statements contribute to a potential failure by Israel to prevent and punish acts of public and direct incitement to genocide. Indeed, South Africa has provided evidence, not contradicted by Israel, that inflammatory parts of relevant statements have been echoed in a threatening way by members of the Israeli armed forces

DECLARATION OF JUDGE BHANDARI
Humanitarian situation in Gaza — Present request for the indication of provisional measures — Court not deciding merits — Requirement for the existence of plausible rights — Consideration of factual evidence on the record — Relevance of conduct for plausibility finding.
1. I agree with the Court’s reasoning supporting its Order. I make this declaration to add an additional element to this reasoning.

DISSENTING OPINION OF JUDGE SEBUTINDE