Provisional measures

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Application instituting proceedings and request for the indication of provisional measures

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”). Pursuant to Article 41 of the

Latest Developments

Press release 2024/54

28 June 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Spain files a declaration of intervention in the proceedings under Article 63 of the Court’s Statute

Procedure(s):Intervention

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Declaration of intervention filed by Spain

28 June 2024

Procedure(s):Intervention

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English

Press release 2024/52

3 June 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Palestine files an application for permission to intervene and a declaration of intervention in the proceedings, invoking Articles 62 and 63 of the Statute of the Court

Procedure(s):Intervention

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Application for permission to intervene and declaration of intervention submitted by Palestine

3 June 2024

Procedure(s):Intervention

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English

Press release 2024/48

28 May 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Mexico files a declaration of intervention in the proceedings under Article 63 of the Statute

Procedure(s):Intervention

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Press release 2024/47

24 May 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 modification of the Order of 28 March 2024 - The Court reaffirms its previous provisional measures and indicates new measures

Procedure(s):Provisional measures

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Summary 2024/6

Summary of the Order of 24 May 2024

Procedure(s):Provisional measures

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English French

Declaration of intervention filed by Mexico

24 May 2024

Procedure(s):Intervention

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English

Order of 24 May 2024

Request for the modification of the Order of 28 March 2024 indicating provisional measures

Procedure(s):Provisional measures

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Dissenting opinion of Vice-President Sebutinde

English

Declaration of Judge Nolte

English

Declaration of Judge Aurescu

English

Declaration of Judge Tladi

English

Dissenting opinion of Judge ad hoc Barak

English

Press release 2024/45

23 May 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 modification and the indication of provisional measures - The Court to deliver its Order on Friday 24 May 2024 at 3 p.m.

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Written comments of South Africa on the reply of the State of Israel to the question put by Judge Nolte at the public sitting held on 17 May 2024

20 May 2024

Procedure(s):Provisional measures

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English

Written reply of the State of Israel to the question put by Judge Nolte at the public sitting held on 17 May 2024

18 May 2024

Procedure(s):Provisional measures

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English

Press release 2024/43

17 May 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 additional provisional measures and the modification of previous provisional measures - Conclusion of the public hearings held on Thursday 16 May and Friday 17 May 2024

Procedure(s):Provisional measures

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Verbatim record 2024/28 (bilingual version)

Public sitting held on Friday 17 May 2024, at 10 a.m., at the Peace Palace, President Salam presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

Procedure(s):Provisional measures

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Verbatim record 2024/27 (bilingual version)

Public sitting held on Thursday 16 May 2024, at 3 p.m., at the Peace Palace, President Salam presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

Procedure(s):Provisional measures

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Press release 2024/42

14 May 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 additional provisional measures and the modification of previous provisional measures - Public hearings to be held on Thursday 16 May and Friday 17 May 2024

Procedure(s):Provisional measures

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Press release 2024/41

10 May 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - South Africa submits an urgent request for the indication of additional provisional measures and the modification of previous provisional measures

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Press release 2024/40

10 May 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Libya files a declaration of intervention in the proceedings under Article 63 of the Statute

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English French

Declaration of Intervention filed by Libya

10 May 2024

Procedure(s):Intervention

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Request by South Africa for the indication of provisional measures and modification of the Court's previous provisional measures

10 May 2024

Procedure(s):Provisional measures

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Press release 2024/27

5 April 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Colombia files a declaration of intervention in the proceedings under Article 63 of the Statute

Procedure(s):Intervention

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English French

Declaration of Intervention filed by Colombia

5 April 2024

Procedure(s):Intervention

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English

Order of 5 April 2024

Fixing of time-limits: Memorial and Counter-Memorial

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Press release 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

Procedure(s):Provisional measures

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English French

Order of 28 March 2024

Request for the modification of the Order of 26 January 2024 indicating provisional measures

Procedure(s):Provisional measures

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English French

Declaration of President Salam

English French

Declaration of Judge Yusuf

English

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

English

Declaration of Judge Nolte

English

Declaration of Judge Charlesworth

English

Separate opinion of Judge ad hoc Barak

English

Observations of the State of Israel on South Africa's Request for the indication of provisional measures and modification of the Court's prior provisional measures decisions

15 March 2024

Procedure(s):Provisional measures

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Press release 2024/21

6 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 Republic of South Africa submits an urgent request for the indication of additional provisional measures and the modification of the Court’s prior provisional measures Order and decision

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Request by South Africa for the indication of provisional measures and modification of the Court's prior provisional measures decisions

6 March 2024

Procedure(s):Provisional measures

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Press release 2024/16

16 February 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Decision of the Court on South Africa’s request for additional provisional measures

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Observations of the State of Israel on the request for additional measures under Article 75 (1) of the Rules of Court

15 February 2024

Procedure(s):Provisional measures

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English

Request for additional measures under Article 75(1) of the Rules of Court submitted by South Africa

12 February 2024

Procedure(s):Provisional measures

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English French

Press release 2024/14

8 February 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) - Nicaragua requests permission to intervene in the proceedings under Article 62 of the Statute

Procedure(s):Intervention

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English French

Press release 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

Procedure(s):Provisional measures

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English French

Summary 2024/1

Summary of the Order of 26 January 2024

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English French

Order of 26 January 2024

Procedure(s):Provisional measures

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English French

Declaration of Judge Xue

English French

Dissenting opinion of Judge Sebutinde

English French

Declaration of Judge Bhandari

English French

Declaration of Judge Nolte

English French

Separate opinion of Judge ad hoc Barak

English French

Press release 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.

Procedure(s):Provisional measures

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Application for permission to intervene submitted by Nicaragua

23 January 2024

Procedure(s):Intervention

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English French

Press release 2024/3

12 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 - Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024

Procedure(s):Preliminary objections

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English French

Verbatim record 2024/2 (bilingual version)

Public sitting held on Friday 12 January 2024, at 10 a.m., at the Peace Palace, President Donoghue presiding, in the case concerning 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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Original Language

Verbatim record 2024/1 (bilingual version)

Public sitting held on Thursday 11 January 2024, at 10 a.m., at the Peace Palace, President Donoghue presiding, in the case concerning 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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Original Language

Press release 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

Procedure(s):Provisional measures

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English French

Press release 2024/1

3 January 2024

Proceedings instituted by South Africa against the State of 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

Procedure(s):Provisional measures

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English French

Application instituting proceedings and request for the indication of provisional measures

29 December 2023

Procedure(s):Provisional measures

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English French

Application instituting proceedings and request for the indication of provisional measures

29 December 2023

Procedure(s):Provisional measures

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English French

Press release 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

Procedure(s):Provisional measures

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English French

Separate opinion of Judge ad hoc Couvreur

Arbitral Award of 3 October 1899 (Guyana v. Venezuela) - The Court indicates provisional measures

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. 2023/73
1 December 2023
Arbitral Award of 3 October 1899 (Guyana v. Venezuela) The Court indicates provisional measures

Summary of the Order of 1 December 2023

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
Summary
Unofficial
Summary 2023/8
1 December 2023
Arbitral Award of 3 October1899 (Guyana v. Venezuela) Request for the indication of provisional measures

Separate opinion of Judge Robinson

SEPARATE OPINION OF JUDGE ROBINSON
Mischaracterization of Guyana’s extant sovereignty over the disputed territory as control and administration — Serious risk of Venezuela acquiring the territory in dispute in the present case in order to exercise sovereignty.
1. While I agree with the grant of provisional measures to Guyana, I disagree with the Court’s reasoning in certain parts of the Order as well as the formulation of the first provisional measure set out in operative paragraph 45 of the Order.

declaration of Judge Sebutinde

DECLARATION OF JUDGE SEBUTINDE

Order of 1 December 2023

1er DÉCEMBRE 2023
ORDONNANCE
SENTENCE ARBITRALE DU 3 OCTOBRE 1899 (GUYANA c. VENEZUELA)
___________
ARBITRAL AWARD OF 3 OCTOBER 1899 (GUYANA v. VENEZUELA)
1 DECEMBER 2023
ORDER
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-12
I. INTRODUCTION 13-16
II. JURISDICTION 17-18
III. THE RIGHTS WHOSE PROTECTION IS SOUGHT AND THE LINK BETWEEN SUCH RIGHTS AND THE MEASURES REQUESTED 19-26
IV. RISK OF IRREPARABLE PREJUDICE AND URGENCY 27-37
V. CONCLUSION AND MEASURES TO BE ADOPTED 38-44
OPERATIVE CLAUSE 45
___________

Request for the indication of provisional measures - The Court to deliver its Order on Friday 1 December 2023

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. 2023/72
28 November 2023
Arbitral Award of 3 October 1899 (Guyana v. Venezuela) Request for the indication of provisional measures The Court to deliver its Order on Friday 1 December 2023

The Court indicates provisional measures

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. 2023/69
17 November 2023
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) The Court indicates provisional measures

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