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

29 December 2023

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

Australian women’s political leadership advocate Leonie Morgan AM (Member of the Order of Australia). Photo Contributed.

From Australia to Southern Africa: Champion shares blueprint for advancing women in politics

By Moses Magadza WINDHOEK, NAMIBIA -Australian women’s political leadership advocate Leonie Morgan AM, has urged countries in Southern Africa to invest in mentorship, financial support, training and women’s networks to accelerate female political participation and…

29 December 2023

Orange Botswana Rolls Out School Kits to Underserved Learners

Orange Botswana Foundation has launched the first phase of its Education+/Back to School (BTS) 2026 programme, distributing essential school kits to learners in underserved communities. The rollout began on 7 May at Kalakamati, Makaleng and…

29 December 2023

Dr Naomi Garenne

Haven City Medical Clinic Targets Trusted, Quality Healthcare in Gaborone

Botswana’s growing demand for accessible, reliable and patient-centred healthcare has received a boost following the official opening of Haven City Medical Clinic in Bontleng, Gaborone. The newly launched private medical facility officially opened its doors…

29 December 2023

Mr Sheuneni Kurasha, SADC PF Director of Parliamentary Business and Programmes.

Official says SADC PF’s Model Law process built on consultation, rigour and implementation

By Moses Magadza An official from the SADC Parliamentary Forum (SADC PF) has said that the development of the Model Law on Constitutionalism and Rule of Law is anchored in a carefully structured, consultative and…

29 December 2023

Hon. Justice Professor Oagile Bethuel Key Dingake

Judge urges SADC Model Law to move constitutionalism “from paper to institutional practice”

By Moses Magadza Acclaimed jurist and legal scholar Hon. Justice Professor Oagile Bethuel Key Dingake has urged the SADC Parliamentary Forum to ensure that the proposed SADC Model Law on Constitutionalism and the Rule of…

29 December 2023

SADC PF SG H.E Boemo Sekgoma

SADC PF Launches process to develop Model Law on Constitutionalism and the Rule of Law

By Moses Magadza The SADC Parliamentary Forum has formally launched the process to develop a new SADC Model Law on Constitutionalism and the Rule of Law, with regional stakeholders convening in Johannesburg, South Africa, for…

29 December 2023

Related Stories