Application of the Convention on the Preventionand Punishment of the Crime Of Genocide in the Gaza Strip (South Africa v. Israel) at International Court of Justice

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The Republic of South Africa (‘South Africa’) regrettably finds it necessary to return to the Court to seek an urgent Order from the Court in the case of the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) for the protection of the Palestinian people in Gaza from grave and irreparable violations of their rights, and of South Africa’s rights, under the Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’), as a result of Israel’s ongoing military assault on Rafah.

South Africa


Israel

ICJ Order

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240510-wri-01-00-en.pdf

Watch South Africa’s oral argument https://webtv.un.org/en/asset/k18/k18rdl3nhe (verbatim record)

Watch Israel’s oral argument https://webtv.un.org/en/asset/k17/k17n7h7vz9 (verbatim record)

Watch The International Court of Justice (ICJ) delivers an Order https://webtv.un.org/en/asset/k1j/k1ju1o38md

Text of the ICJ Order https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-ord-01-00-en.pdf

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 26 January 2024 Indicating Provisional Measures — Order by International Court of Justice

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  • 45. In conformity with its obligations under the Genocide Convention, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation, Israel shall: (a) take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary; and (b) ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240328-ord-01-00-en.pdf

Judges’ separate opinions https://www.icj-cij.org/case/192

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 onj International Court of Justice

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  • In its new request, South Africa states that it is “compelled to return to the Court in light of
  • the new facts and changes in the situation in Gaza — particularly the situation of widespread
  • starvation — brought about by the continuing egregious breaches of the Convention on the
  • Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing
  • manifest violations of the provisional measures indicated by this Court on 26 January 2024”.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240306-pre-01-00-en.pdf

Israel’s observations here https://www.icj-cij.org/sites/default/files/case-related/192/192-20240315-wri-01-00-en.pdf

THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the advisory proceedings on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

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Day 1

Palestine

Day 2

  • South Africa, Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium

Belize, Bolivia, Brazil, Chile

Day 3

Colombia, Cuba, Egypt, United Arab Emirates and United States of America

Russian Federation, France, The Gambia, Guyana and Hungary

Day 4

China, Iran, Iraq, Ireland, Japan and Jordan


Kuwait, Lebanon, Libya, Luxembourg, Malaysia and Mauritius

Day 5

Namibia, Norway, Oman, Pakistan, Indonesia and Qatar


United Kingdom, Slovenia, Sudan, Switzerland, Syria and Tunisia

Day 6

Türkiye, Zambia, League of Arab States, Organisation of Islamic Cooperation and African Union

Spain, Fiji and Maldives

Palestine https://webtv.un.org/en/asset/k13/k13rkfn0l5 (verbatim record  https://www.icj-cij.org/sites/default/files/case-related/186/186-20240219-ora-01-00-bi.pdf)

South Africa, Algeria, Saudi Arabia, the Netherlands, Bangladesh, Belgium https://webtv.un.org/en/asset/k13/k13jfq7uqb (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240220-ora-01-00-bi.pdf)

Belize, Bolivia, Brazil and Chile https://webtv.un.org/en/asset/k1g/k1g32uhhkw (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240220-ora-02-00-bi.pdf)

Colombia, Cuba, Egypt, United Arab Emirates and United States of America https://webtv.un.org/en/asset/k1g/k1ggyabo49 (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240221-ora-01-0-bi.pdf)

Russian Federation, France, The Gambia, Guyana and Hungary https://webtv.un.org/en/asset/k1b/k1bb8jev65 (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240221-ora-02-00-bi.pdf)

China, Iran, Iraq, Ireland, Japan and Jordan https://webtv.un.org/en/asset/k10/k10g8i0fve (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240222-ora-01-00-bi.pdf)

Kuwait, Lebanon, Libya, Luxembourg, Malaysia and Mauritius https://webtv.un.org/en/asset/k15/k15sfyp57d (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240222-ora-02-00-bi.pdf)

Namibia, Norway, Oman, Pakistan, Indonesia and Qatar https://webtv.un.org/en/asset/k14/k146vvicz2 (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240223-ora-01-00-bi.pdf)

United Kingdom, Slovenia, Sudan, Switzerland, Syria and Tunisia https://webtv.un.org/en/asset/k11/k11pg5qd8i (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240223-ora-02-00-bi.pdf)

Türkiye, Zambia, League of Arab States, Organisation of Islamic Cooperation and African Union https://webtv.un.org/en/asset/k1w/k1wlevnxjx (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240226-ora-wri-01-00-bi.pdf)

Spain, Fiji and Maldives https://webtv.un.org/en/asset/k13/k134ldx1eq (verbatim record https://www.icj-cij.org/sites/default/files/case-related/186/186-20240226-ora-wri-01-00-bi.pdf)

URGENT REQUEST FOR ADDITIONAL MEASURES UNDER ARTICLE 75(1) OF THE RULES OF COURT OF THE INTERNATIONAL COURT OF JUSTICE by South Africa

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  • The Republic of South Africa is gravely concerned that the unprecedented military offensive against Rafah, as announced by the State of Israel, has already led to and will result in further largescale killing, harm and destruction in serious and irreparable breach both of the Genocide Convention and of the Court’s Order of 26 January 2024. Accordingly, and having regard to the situation of extreme emergency, the Republic of South Africa respectfully requests that the Court exceptionally consider exercising its power under Article 75(1) of the Rules of Court.
  • … South Africa thus respectfully calls upon the Court to consider as a matter of the greatest urgency whether the developing circumstances in Rafah require that it exercise its power under Article 75(1) of the Rules of Court to prevent further imminent breach of the rights of Palestinians in Gaza. South Africa also reserves its own rights to take further action in respect of the situation.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240212-wri-01-00-en.pdf

Read Israel’s observations on the request at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240215-wri-01-00-en.pdf

Read the court decision https://www.icj-cij.org/sites/default/files/case-related/192/192-20240216-pre-01-00-en.pdf

South African lawyers preparing lawsuit against US, UK for complicity in Israel’s war crimes in Gaza by Tufan Aktas

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  • After South Africa filed a case against Israel at the International Court of Justice (ICJ) for genocide in Gaza, the country’s nearly 50 lawyers are preparing a separate lawsuit against the US and UK governments on the grounds that they are complicit in Israeli forces’ war crimes in Palestine.
  • The initiative, led by South African lawyer Wikus Van Rensburg, aims to prosecute those who are complicit in the crime in civilian courts in collaboration with lawyers from the US and UK, with whom he is already in contact.

Continue reading at https://www.aa.com.tr/en/africa/south-african-lawyers-preparing-lawsuit-against-us-uk-for-complicity-in-israels-war-crimes-in-gaza/3109201#:~:text=After%20South%20Africa%20filed%20a,forces’%20war%20crimes%20in%20Palestine

South Africa says Israel is already ignoring UN court ruling ordering it to prevent deaths in Gaza on Associated Press

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  • PRETORIA, South Africa (AP) — Israel has ignored the ruling by the U.N.’s top court last week by killing hundreds more civilians in a matter of days in Gaza, South Africa’s foreign minister said Wednesday, adding that her country has asked why an arrest warrant for Israeli Prime Minister Benjamin Netanyahu has not been issued in a case South Africa filed at the separate International Criminal Court.
  • … The preliminary ruling by the U.N.’s International Court of Justice in South Africa’s case accusing Israel of genocide in Gaza ordered Israel to do all it can to prevent death, destruction and any acts of genocide against Palestinians in the territory.
  • “I can’t be dishonest. I believe the rulings of the court have been ignored,” South Africa’s foreign minister said. “Hundreds of people have been killed in the last three or four days. And clearly Israel believes it has license to do as it wishes.”
  • Pandor said there was a danger of the world doing nothing to stop the civilian casualties in Gaza and said similar inaction contributed to the horrific death toll in the genocide in Rwanda in 1994, when more than 800,000 people were slaughtered in the East African country.
  • “We are allowing this to happen again, right before our eyes, on our TV screens,” Pandor said.

Continue reading at https://apnews.com/article/israel-gaza-genocide-south-africa-palestinians-d4724119dfd23d118350175c39fb4534

THE HAGUE – The International Court of Justice (ICJ) delivers its Order in the case South Africa v. Israel on UN Web TV

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Continue watching at https://webtv.un.org/en/asset/k1u/k1uwq4cxuv

Read the full summary at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf

‘It’s not just Israel on trial’: Bosnian war survivor’s support for genocide case on The Guardian

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  • Reminded of the atrocities of the war and the Srebrenica genocide, she fears the landmark case brought against Serbia for genocide in The Hague decades ago – which found that genocide did take place in Srebrenica but cleared Serbia of direct intent to commit genocide – will become the precedent for other genocide cases.
  • … After watching proceedings in The Hague last week, Buljušmić-Kustura has gathered more than 1,000 signatures from Bosnian genocide and war survivors across Bosnia, the US and the UK in an open letter to the international court of justice (ICJ). It calls on the UN court to prevent the repetition of history by implementing the “provisional measures” put forward by South Africa requiring actions, such as a ceasefire, to mitigate the risk of genocide.

Continue reading at https://www.theguardian.com/world/2024/jan/18/its-not-just-israel-on-trial-bosnian-war-survivors-support-for-genocide-case