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International Court of Justice/Application of the Convention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel)/24 May 2024

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The International Court of Justice, which has its seat in The Hague,
is the principal judicial organ of the United Nations

INTERNATIONAL COURT OF JUSTICE

APPLICATION OF THE CONVENTION AND PUNISHMENT OF THE

CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA VS ISRAEL)

24 MAY 2024

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-pre-01-00-en.pdf

  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 

Press Release Unofficial 

No. 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 

THE HAGUE, 24 May 2024. The International Court of Justice today delivered its Order on 

the request for the modification and the indication of provisional measures submitted by South Africa 

on 10 May 2024 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). 

In its Order, the Court: 

“(1) By thirteen votes to two 

Reaffirms the provisional measures indicated in its Orders of 26 January 2024 

and 28 March 2024, which should be immediately and effectively implemented; 

IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, 

Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; 

AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;             

  (2) Indicates the following provisional measures:

The State of Israel shall, in conformity with its obligations under the Convention    on the Prevention and Punishment of the Crime of Genocide, and in view of the

worsening conditions of life faced by civilians in the Rafah Governorate:

  (a) By thirteen votes to two

Immediately halt its military offensive, and any other action in the Rafah 

Governorate, which may inflict on the Palestinian group in Gaza conditions of life that 

could bring about its physical destruction in whole or in part; 

  IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,

Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;

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AGAINST: Vice-President Sebutinde; Judge ad hoc Barak; 

(b) By thirteen votes to two, 

Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance; 

IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, 

Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; 

AGAINST: Vice-President Sebutinde; Judge ad hoc Barak; 

(c) By thirteen votes to two, 

Take effective measures to ensure the unimpeded access to the Gaza Strip of any 

commission of inquiry, fact-finding mission or other investigative body mandated by 

competent organs of the United Nations to investigate allegations of genocide; 

IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa 

Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; 

AGAINST: Vice-President Sebutinde; Judge ad hoc Barak; 

(3) By thirteen votes to two, 

Decides that 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 Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, 

Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi; 

AGAINST: Vice-President Sebutinde; Judge ad hoc Barak.” 

Vice-President SEBUTINDE appends a dissenting opinion to the Order of the Court; 

Judges NOLTE, AURESCU and TLADI append declarations to the Order of the Court; 

Judge ad hoc BARAK appends a dissenting opinion to the Order of the Court. 

In its Order, the Court emphasizes that the catastrophic humanitarian situation in the Gaza 

Strip which, as stated in its Order of 26 January 2024, was at serious risk of deteriorating, has 

deteriorated, and has done so even further since the Court adopted its Order of 28 March 2024. It 

notes that,                            

  “[a]fter weeks of intensification of military bombardments of Rafah, where more than

a million Palestinians had fled as a result of Israeli evacuation orders covering more 

than three quarters of Gaza’s entire territory, on 6 May 2024, nearly 

100,000 Palestinians were ordered by Israel to evacuate the eastern portion of Rafah and 

relocate to the Al-Mawasi and Khan Younis areas ahead of a planned military offensive 

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The military ground offensive in Rafah, which Israel started on 7 May 2024, is still 

ongoing and has led to new evacuation orders. As a result, according to United Nations 

reports, nearly 800,000 people have been displaced from Rafah as at 18 May 2024.” 

The Court considers that these developments are exceptionally grave and constitute “a change in the 

situation within the meaning of Article 76 of the Rules of Court”. The Court is also of the view that 

the provisional measures indicated in its Order of 28 March 2024, as well as those reaffirmed therein, 

do not fully address the consequences arising from the change in the situation, thus justifying the 

modification of these measures 

The Court further considers that, on the basis of the information before it, the immense risks 

associated with a military offensive in Rafah have started to materialize and will intensify even 

further if the operation continues. In addition, the Court is     

  “not convinced that the evacuation efforts and related measures that Israel affirms to

have undertaken to enhance the security of civilians in the Gaza Strip, and in particular 

those recently displaced from the Rafah Governorate, are sufficient to alleviate the 

immense risk to which the Palestinian population is exposed as a result of the military 

offensive in Rafah”. 

A summary of the Order appears in the document entitled “Summary 2024/6”, to which 

summaries of the opinions and declarations are annexed. This summary and the full text of the Order 

are available on the case page on the Court’s website. 

Earlier press releases relating to this case are also available on the Court’s website. 

Note: The Court’s press releases are prepared by its Registry for information purposes only 

and do not constitute official documents. 

  The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

It was established by the United Nations Charter in June 1945 and began its activities in April 1946. 

The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the 

Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague 

(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, 

legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions 

referred to it by duly authorized United Nations organs and agencies of the system. 

PAGE 4

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Information Department: 

Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 

Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 

Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 

Email: info@icj-cij.org

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International Court of Justice/Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel)/26 january 2024

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The International Court of Justice, which has its seat in The Hague,
is the principal judicial organ of the United Nations

INTERNATIONAL COURT OF JUSTICE

APPLICATION OF THE CONVENTION ON THE PREVENTION AND

PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP 

(SOUTH AFRICA V. ISRAEL)

https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-pre-01-00-en.pdf

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

Press Release 

Unofficial   

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 

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(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;  

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(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.  

  ___________

Earlier press releases relating to this case are available on the Court’s website. 

Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.     

  ___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. 

It was established by the United Nations Charter in June 1945 and began its activities in April 1946 

The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. 

The seat of the Court is at the Peace Palace in The Hague (Netherlands). 

The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; 

and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system 

___________          

PAGE 4

  4 

  Information Department:

Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 

Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 

Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 

Email: info@icj-cij.org

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