Provisional measures

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Public sitting held on Tuesday 9 April 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany)

Public sitting held on Monday 8 April 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany)

Declaration of Judge Charlesworth

DECLARATION OF JUDGE CHARLESWORTH
1. I have voted for the three provisional measures indicated by the Court, which supplement the measures contained in the Order of 26 January 2024. I regret, however, that subparagraph (2) (b) of the operative paragraph is drafted in such opaque terms that it fails to provide clear guidance to the Parties.
2. The case before the Court is brought in the context of an ongoing conflict that is causing enormous loss of life and human suffering. In January, the Court described the immediate background to this conflict in these terms:

Declaration of Judge Nolte

SEPARATE OPINION OF JUDGE NOLTE
Preconditions for the modification of an order on provisional measures under Article 76 of the Rules of Court  Modification as a form of implementation of an earlier provisional measure  Whether change of the situation in the Gaza Strip since 26 January 2024 justifies the modification.
1. I agree with the present Order. Given the current horrific situation of the Palestinians in the Gaza Strip, raising any apparently technical legal issues now may seem out of place. However, I will do so in the interest of the Court’s future practice.

Joint declaration of Judges Xue, Brant, Gómez Robledo and Tladi

JOINT DECLARATION OF JUDGES XUE, BRANT, GÓMEZ ROBLEDO AND TLADI
1. In this Order, the measures indicated in subparagraph (2) are the key part of the dispositif. Although we all voted in favour of subparagraph (2) (b) of the dispositif, we deeply regret that this measure does not directly and explicitly order Israel to suspend its military operations for the purpose of addressing the current catastrophic humanitarian situation in Gaza.

The Court indicates additional provisional measures

INTERNATIONAL COURT OF JUSTICE
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Press Release
Unofficial
No. 2024/26
28 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 Court indicates additional provisional measures

Declaration of Judge Yusuf

DECLARATION OF JUDGE YUSUF
Change in the situation in Gaza justifies new measures –– Palestinian deaths by disease and starvation, not only bombardment and ground assaults –– Indicia of genocide require preservation of the right of existence of the group –– Prevention is the only effective way to preserve this right ––Court’s measures involve obligations of result to prevent genocide –– Such obligations can only be met by suspending military operations in Gaza –– Time to respect binding measures and end atrocities.

Order of 28 March 2024

28 MARS 2024
ORDONNANCE
APPLICATION DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE DANS LA BANDE DE GAZA (AFRIQUE DU SUD c. ISRAËL)
___________
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
28 MARCH 2024
ORDER
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-10
I. GENERAL OBSERVATIONS 11-23
II. CONDITIONS FOR THE INDICATION OF PROVISIONAL MEASURES 24-40
III. CONCLUSION AND MEASURES TO BE ADOPTED 41-49

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