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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
DECLARATION OF JUDGE XUE
1. In the present case, I concur with my colleagues in upholding South Africa’s standing, on a prima facie basis, in instituting proceedings against Israel for breach of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). I feel obliged to give a short explanation of my position at this stage.
26 JANUARY 2024
ORDER
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
___________
APPLICATION DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE DANS LA BANDE DE GAZA (AFRIQUE DU SUD c. ISRAËL)
26 JANVIER 2024
ORDONNANCE
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-12
I. INTRODUCTION 13-14
II. PRIMA FACIE JURISDICTION 15-32
1. Preliminary observations 15-18
1 APPLICATION INSTITUTING PROCEEDINGS To the Registrar of the International Court of Justice, the undersigned, being duly authorised by the Government of the Republic of South Africa, state as follows: In accordance with Articles 36 (1) and 40 of the Statute of the Court and Article 38 of the Rules of Court, I have the honour to submit this Application instituting proceedings in the name of the Republic of South Africa (“South Africa”) against the State of Israel (“Israel”).
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. 2024/4
24 January 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 provisional measures The Court to deliver its Order on Friday 26 January 2024 at 1 p.m.
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. 2024/2
10 January 2024
Proceedings instituted by South Africa against Israel on 29 December 2023 Request for the indication of provisional measures Revised schedule for the public hearings
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. 2024/1
3 January 2024
Proceedings instituted by South Africa against Israel on 29 December 2023 Request for the indication of provisional measures Public hearings to be held on Thursday 11 and Friday 12 January 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
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2023/77
29 December 2023
The Republic of South Africa institutes proceedings against the State of Israel and requests the Court to indicate provisional measures