South Africa & the ICJ

Initial Hearing | Provisional Measures Hearings | 19 Feb Hearings | Nicaragua vs Germany | ICC

ICJ hearing of 75 years of genocide against Palestinians – 19 Feb 2024

16 Feb, 2024: Francesca Albanese, UN Special Rapporteur oPt: Decades of injustice will finally face scrutiny. ICJ hearings on Israel’s illegal occupation starts on Monday. 52 countries & 3 int’l organizations will participate in the oral proceedings, more than in any other case in ICJ’s history since 1946.
1 Feb, 2024: Over 75 scholars of international law, conflict and genocide studies remind the Australian government of its obligations under the Genocide Convention in light of the ICJ’s order. This includes restating UNRWA’s funding, arms exports and sec collaboratio
A record 52 governments will join the proceedings. This is separate from South Africa’s genocide case against Israel.

Re SA’s request for additional Provisional Measures

15 Feb 2024: on 15 February 2024, Israel submitted to the ICJ its observations on the request for additional measures made by South Africa under Article 75 (1) of the Rules of Court in the case SouthAfrica v. Israel http://tinyurl.com/yr4b9yue
16 Feb, 2024: According to Israel, the International Court of Justice should reject a South African request that the court issue additional emergency measures to protect Palestinians’ rights in Rafah, Israel argued to the World Court.
Israel said that the emergency measures issued by the ICJ last month already cover “the situation of hostilities in Gaza as a whole,” according to documents released Thursday by the ICJ.

16 Feb 2024: SOUTH AFRICA WELCOMES ICJ INJUNCTION ON PROTECTION OF CIVILIANS IN RAFAH, GAZA The Republic of South Africa welcomes the International Court of Justice decision on the recent Article 75 application.

The court affirms our view that the perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, and has clarified that this includes Rafah. The court decision has noted the “that the most recent developments in the Gaza Strip, and in Rafah in particular, “would exponentially increase what is already a humanitarian nightmare with untold regional consequences”, as stated by the United Nations Secretary-General (Remarks to the General Assembly on priorities for 2024 (7 February 2024).
The court has accepted:
1. That Israel’s planned incursions in Rafah would render what is already a humanitarian disaster even more perilous.

2. The situation requires compliance with the existing provisional measures.
3. Compliance with the existing provisional measures requires the protection of civilians in Gaza including Rafah.
The court has unequivocally explained that compliance with the existing provisional measures requires Israel to ensure the safety and security of all Palestinians in the Gaza Strip. Any decision by Israel to engage in military activities against Palestinians in the current circumstances is a violation of the order of the International Court of Justice. The Court states in terms: “The Court emphasises that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.” South Africa will continue to use existing channels such as the United Nations Security Council to ensure full and effective implementation of the existing provisional measures.
ISSUED BY THE PRESIDENCY OF THE REPUBLIC OF SOUTH AFRICA

South Africa responds: ICJ must issue orders for the arrest of Netenyahu now.
6 March 2024: South Africa filed an urgent request for the indication of additional provisional measures and the modification of the #ICJ ’s Order of 26 January 2024 and decision of 16 February 2024 in the case #South Africa v. #Israel https://bit.ly/3IsCOWI
Israel defies the March 28th ICJ order
28 March: PRESS RELEASE: the #ICJ indicates additional provisional measures following South Africa’s request of 6 March 2024 in the case #SouthAfrica v. Israel https://bit.ly/3IVfOjp
28 March: A major new order: The International Court of Justice orders “Israel to allow unimpeded access of food aid into Gaza, where significant sections of the population are facing imminent starvation,” rebuking “Israel’s claim it is not blocking aid deliveries.”


ICJ ruling on 24 May 2024

@ShaykhSulaiman BREAKING: ISRAELI CHIEF OF STAFF OF NATIONAL SECURITY AND MINISTRY OF FOREIGN AFFAIRS OFFICIAL STATEMENT
1. South Africa’s accusations against Israel at the International Court of Justice in The Hague regarding “genocide” are false, outrageous and disgusting.
2. Following the terrible terrorist attack on the citizens of Israel on October 7, 2023, Israel embarked on a just defensive war to eliminate the Hamas organization and free our hostages. Israel does this in accordance with its right to defend its territory and its citizens, while maintaining its moral values and international law and international humanitarian law.
3. Israel has not carried out and will not carry out military activity in the Rafah area that creates living conditions that could lead to the destruction of the Palestinian civilian population, in whole or in part.
4. Israel will continue its efforts to allow humanitarian aid to enter the Gaza Strip and act, in accordance with the law, to reduce as much as possible the damage to the civilian population in the Gaza Strip.
5. Israel will continue to keep the Rafah crossing open, will allow the continuous introduction of humanitarian aid from the Egyptian side of the crossing, and will prevent terrorist organizations from controlling the crossing.