South Africa requests new provisional measures from the International Court of Justice against Israel

In a written statement from the ICJ, it was reported that South Africa has requested the Court to urgently order new measures in the genocide case it filed against Israel.

In its request, South Africa stated that Israel has persistently failed to comply with the ICJ's provisional measures of January 26 and continues its "horrific violations" in Gaza.

South Africa requested that the Court urgently modify the 6 measures it ordered against Israel on January 26 and/or order new measures "in order to urgently ensure the safety and security of the 2.3 million Palestinians in Gaza, including more than 1 million children."

South Africa emphasized that the Court, which rejected its request for new measures on February 13 regarding Israel's planned attack on Rafah in its decision on February 16, should reconsider that decision.

In its request, South Africa called on the Court to order new provisional measures without holding any hearings due to the "extreme urgency of the situation in Gaza."

At the end of its petition, South Africa recalled that Bosnia and Herzegovina had also requested additional measures in the Srebrenica genocide case at the ICJ, and that 7,336 Bosniaks were killed two years after the Court rejected the request for additional measures, stating, "South Africa calls on the ICJ at this point to act before it is too late to do everything in its power to save Palestinians in Gaza from starvation that amounts to genocide."

THE REQUESTED NEW MEASURES ARE AS FOLLOWS

South Africa requested the modification of the 6 measures issued on January 26 and the ordering of 5 new measures.

The 5 new measures requested are as follows:

"1. All parties to the conflict must ensure the immediate release of all hostages and detainees by immediately halting the war.

2. All parties to the Convention on the Prevention and Punishment of the Crime of Genocide must immediately take all necessary measures to fulfill all their obligations under the convention.

3. All parties to the Genocide Convention must immediately refrain from any action, and especially armed action, that would prejudice the right of Palestinians in Gaza to be protected from genocide, prejudice any other rights that the ICJ may order in its final decision in this case, or aggravate or make more difficult the resolution of the dispute before the Court.

4. Israel must take immediate and effective measures to enable the provision of basic requirements and humanitarian aid needed to end famine and starvation and the adverse living conditions faced by Palestinians in Gaza, and

(a) immediately suspend its military operations in Gaza;

(b) lift the blockade it has imposed on Gaza;

(c) cancel all other existing measures and practices that have the effect of directly or indirectly obstructing the access of Palestinians in Gaza to humanitarian aid and basic requirements; and

(d) ensure the provision of adequate and appropriate food, water, fuel, shelter, clothing, and hygiene needs, as well as medical assistance, including medical supplies and support.

5. Israel must submit a new report to the ICJ in a publicly accessible manner within 1 month from the date of the new provisional measures decision regarding the steps it has taken to give effect to all provisional measures ordered by the Court to date."

PLAN TO ATTACK RAFAH

South Africa had requested the ICJ to urgently order new measures on February 13 due to the large-scale killing, harm, and destruction that Israel's planned attack on the city of Rafah would cause.

In South Africa's application, it was stated that Israel's planned attack on Rafah would constitute a serious and irreparable violation of both the Court's provisional measures of January 26 and the Genocide Convention.

The application emphasized that under Article 75 of the Rules of Court, the ICJ can order provisional measures at any stage of the proceedings and that there have been significant developments in Gaza since January 26 that require the Court to order new measures.

ISRAEL TARGETED SOUTH AFRICA

Israel, which is being tried at the International Court of Justice on charges of genocide, accused South Africa, which requested new provisional measures due to attacks on the city of Rafah where civilians are sheltering in the south of Gaza, of abusing the Court's authority.

Claiming that South Africa's request for additional measures was "bizarre" and "inappropriate," Israel directed accusations at South Africa, which filed the genocide case against it on December 20, 2023, instead of responding to the allegations regarding its planned attack on Rafah.

Israel accused South Africa of not sufficiently informing the Court about Hamas's actions and argued that it was using the provisional measures mechanism as a "sword" against it rather than a protective "shield."

Arguing that the Court does not have the authority to manage small-scale armed conflicts in Gaza, Israel claimed that South Africa is a long-time ally of Hamas, that it wants to eliminate Israel's right to self-defense with the case it has filed, and that it is manipulating the Court.

THE CASE FILED AGAINST ISRAEL

The Republic of South Africa filed a case against Israel at the ICJ on December 29, 2023, on the grounds that it violated the 1948 United Nations (UN) Convention on the Prevention and Punishment of the Crime of Genocide.

South Africa requested the ICJ to order provisional measures due to the urgency of the situation in Gaza, and hearings on the request for measures were held at the Peace Palace in The Hague on January 11-12.

In the provisional measures it announced on January 26, the Court ordered Israel to take all measures within its power to prevent the commission of acts defined in Article 2 of the Genocide Convention, to immediately take measures to prevent the Israeli army from committing acts under Article 2 of the Genocide Convention, to take all steps to prevent, stop, and punish those who incite genocide against Palestinians in Gaza, to take immediate and effective measures to enable the provision of basic services and humanitarian aid needed to address the adverse living conditions faced by Palestinians in Gaza, to take effective measures to prevent the destruction and ensure the preservation of evidence showing violations of the Genocide Convention against Palestinians in Gaza, and to submit a report to the court on all measures taken within 1 month from the entry into force of the decision.

News Source: AA