DISSENTING OPINION OF JUDGE AD HOC BARAK
1. Once again, South Africa has requested the Court to order the State of Israel to “cease its military operations in the Gaza Strip. . . and immediately, totally and unconditionally withdraw the Israeli army from the entirety of the Gaza Strip”1. Once again, South Africa’s request has been rejected by the Court. Instead, the first additional measure indicated by the Court provides that
DECLARATION OF JUDGE TLADI
Court’s approach for the modification of previous orders — The relationship between Article 41 of the Statute and Articles 75 and 76 of the Rules of Court — Security concerns, self-defence and proportionality.
1
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF
THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
SOUTH AFRICA’S COMMENTS
ON THE REPLY BY ISRAEL TO THE QUESTION POSED BY JUDGE NOLTE AT THE END
OF THE ORAL HEARINGS HELD ON 17 AND 18 MAY 2024
I. INTRODUCTION
1. On 10 May 2024, South Africa sought the modification and indication of provisional measures
pursuant to Article 41 of the Statute of the Court, and Articles 75 and 76 of the Rules of the Court. The
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INTERNATIONAL COURT OF JUSTICE
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide in the Gaza Strip (South Africa v. Israel)
Response of the State of Israel to the question posed by Judge Nolte at the oral
hearing of 17 May 2024 on South Africa’s fourth request for provisional measures
18 May 2024
“Can Israel provide information about the existing humanitarian conditions in the
designated evacuation zones, in particular Al-Mawasi, and how it would ensure safe
DECLARATION OF JUDGE AURESCU
Proper interpretation of the second provisional measure regarding the halt of the military offensive provisional measures already indicated address the current situation the ordered provisional measures do not affect the right to protect civilians or free hostages developments of the “change in the situation” requirement regarding the degree of an already examined situation missed opportunity to include a reference to resolution 2728 (2024) of the Security Council
DECLARATION OF JUDGE NOLTE
Function of the International Court of Justice Conditions for the modification of provisional measures Extraordinary situation resulting from the Israeli military offensive in Rafah.
DISSENTING OPINION OF VICE-PRESIDENT SEBUTINDE
Table of Contents
Paragraphs
I. Introduction .................................................................................................................................. 1-3
II. The broader context of the war in the Gaza Strip ....................................................................... 4-8
III. The humanitarian situation in the Gaza Strip .......................................................................... 9-19
24 MAY 2024
ORDER
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
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APPLICATION DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE DANS LA BANDE DE GAZA (AFRIQUE DU SUD c. ISRAËL)
24 MAI 2024
ORDONNANCE
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-19
I. GENERAL OBSERVATIONS 20-30
II. CONDITIONS FOR THE INDICATION OF PROVISIONAL MEASURES 31-47
III. CONCLUSION AND MEASURES TO BE ADOPTED 48-55