Provisional measures

The Embassy oft!te Syrian
Arab Republic
Brussels
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Letter from the Charged' Affaires of the Embassy of the Syrian Arab Republic in
Brussels addressed to
the Registrar of the International Court of Justice
Brussels - October 10, 2023
1. Referring to the conespondence received by the Syria11 Arab Republic (Syria) on June
9, 2023 from the International Court of Justice including the joint application (The
application) "to initiate proceedings on behalf of Canada and the Kingdom of the

SEPARATE OPINION OF JUDGE AD HOC BARAK

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:

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
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.

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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
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.

DECLARATION OF PRESIDENT SALAM
[Original English Text]
1. I voted in favour of each of the operative parts of the Court’s Order in the present case and I agree with the entirety of the reasoning followed by the Court to reach its conclusions.