World Court issues Order of Provisional Measures in South Africa's genocide case against Israel
Text of ICJ Press Release with Links to detailed Summary of opinions and Video of reading of Order in Court
For the video of the ICJ’s session where the Order of Provisional Measures was read in the presence of the members of the Court, see “THE HAGUE – The International Court of Justice (ICJ) delivers its Order in the case South Africa v. Israel,” UN Web TV, January 26, 2024.
For the nationality and background of members of the Court , see International Court of Justice, Current Members, Both South Africa and Israel are entitled to and have appointed an ad hoc member of the Court, expanding its composition to 17 members in the present case, Former deputy chief justice of South Africa Dikgang Moseneke has been appointed by South Africa. Retired Israeli Supreme Court Justice Aharon Barak has been appointed by Israel. ICJ Judge Julia Sebutinde from Uganda voted against all motions.
The Press release summarizing the Provisional Measures ordered and the separate votes on each of them follows. For a detailed summary of the Oder and the opinions of the judges, see International Court of Justice, Summary 2024/1 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), Request for the indication of provisional measures,” January 26, 2024.
***
International Court of Justice
Press Release No. 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
THE HAGUE, 26 January 2024. The International Court of Justice today delivered its Order on the Request for the indication of provisional measures submitted by South Africa 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).
It is recalled that, on 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip. In its Application, South Africa also requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide” (see press release No. 2023/77).
Public hearings on South Africa’s request for provisional measures were held on Thursday 11 and Friday 12 January 2024.
In its Order, which has binding effect, the Court indicates the following provisional measures:
“(1) By fifteen votes to two,
The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
-2-
(d) imposing measures intended to prevent births within the group;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(2) By fifteen votes to two,
The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
(3) By sixteen votes to one,
The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(4) By sixteen votes to one,
The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke;
AGAINST: Judge Sebutinde;
(5) By fifteen votes to two,
The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak;
-3-
(6) By fifteen votes to two,
The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke;
AGAINST: Judge Sebutinde; Judge ad hoc Barak.” *
Judge XUE appends a declaration to the Order of the Court; Judge SEBUTINDE appends a dissenting opinion to the Order of the Court; Judges BHANDARI and NOLTE append declarations to the Order of the Court; Judge ad hoc BARAK appends a separate opinion to the Order of the Court.
___________
A summary of the Order appears in the document entitled “Summary 2024/1”, to which summaries of the declarations and opinions are annexed. This summary and the full text of the Order are available on the case page on the Court’s website.
James Rowles is a former Lecturer on Law at Harvard Law School and professor of international law at other universities.
See Also
1) James Rowles, “Scandalous attacks on South Africa and the International Court of Justice (with links to videos of ICJ hearings on January 11 and 12, 2024), Trenchant Observations, January 14, 2024.
2) James Rowles, “South Africa brings action against Israel for genocide before the International Court of Justice (ICJ),” Trenchant Observations, January 8, 2024.
***
Support the Author
Your author needs your support.
You may sign up for a free subscription. To receive all of the content as soon as it is published and to support the newsletter, please upgrade to a Paid or Founding Member subscription. To do so, click on the “Subscribe now” button below.
Alternatively, you may make a contribution to the author’s Go Fund Me appeal by clicking on the last button below. Go Fund Me does not take 10% as Substack does.