Republic of South Africa institutes proceedings against the State of Israel and requests the Court to indicate provisional measures

29 December 2023
Share this story

THE HAGUE, 29 December 2023.

South Africa today filed an application instituting proceedings against Israel before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, 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.

According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.

The Applicant further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

South Africa seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.

The Application also contains a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.

The Applicant requests 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”.

Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.

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.

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

Last Posts

Prof. Peter Katjavivi (middle) speaks in Botswana last week at the signing of the Agreement to Amend the SADC Treaty to establish the SADC PF as an official institution of the regional bloc. Photo: Bright Khumanego

“Are we really here?” – Prof Peter Katjavivi reacts to transformation of SADC PF

Share this story

Share this storyBy Moses Magadza Gaborone, Botswana – In Luke 2:25-32, Simeon, a devout man who had been promised by the Holy Spirit that he would not die before he had seen Christ, said –…

29 December 2023

The Executive Secretary of SADC, Mr. Elias Magosi (left) speaks while the Speaker of the Parliament of South Africa, Hon Thoko Didiza and Botswana’s Minister for State President, Hon. Moeti Ceaser Mohwasa listen in. Photo: Bright Kumanego

SADC urges swift ratification of Regional Parliament Treaty before August Summit

Share this story

Share this storyBy Moses Magadza Gaborone, Botswana – The Executive Secretary of SADC, Mr. Elias Magosi, has hailed the recent signing of the Agreement to amend the SADC Treaty to transform the SADC Parliamentary Forum…

29 December 2023

The Speaker of the National Assembly of Botswana, Honourable Dithapelo Lefoko Keorapetse. Photo: Bright Khumanego, Parliament of Botswana

Botswana Speaker says SADC Regional Parliament will boost citizens’ participation

Share this story

Share this storyBy Moses Magadza Gaborone, Botswana – The Speaker of the National Assembly of Botswana, Honourable Dithapelo Lefoko Keorapetse has said that the transformation of the SADC Parliamentary Forum into a regional parliament will…

29 December 2023

ELATED: Botswana’s Minister for State President Honourable Moeti Ceaser Mohwasa (right) with the Speaker of South Africa Hon Thoko Didiza at the signing ceremony. Photo: Bright Khumanego, Parliament of Botswana.

Call to embrace SADC Parliament

Share this story

Share this story… as Botswana signs Treaty Amendment Agreement By Moses Magadza in Gaborone GABORONE- Botswana’s Minister for State President Honourable Moeti Ceaser Mohwasa, has welcomed the signing of the Agreement Amending the SADC Treaty…

29 December 2023

ussian-delegates-emerging-from-a-Meeting-in-Riyadh

Main outcomes of the Russia and United States expert groups meeting

Share this story

Share this story(March 25, 2025) 1. In line with the agreement reached by the presidents of Russia and the United States, the Russian and American sides agreed to provide for the implementation of the Black…

29 December 2023

Russia's Foreign Minister Sergey Lavrov

Russian Foreign Minister Sergey Lavrov’s interview with Channel One on Talks in Riyadh and their Outcome

Share this story

Share this storyMoscow, March 25, 2025 Question: Let us begin with your birthday. You have received plenty of birthday wishes. There was even a “marathon” of your wonderful verses. Did you have time to look…

29 December 2023

Related Stories