‘Extreme Urgency’ drives South Africa back to the ICJ
JVL Introduction
South Africa has returned to the International Court of Justice in view of the “extreme urgency” of the situation in Gaza.
We are, says South Africa,
“compelled to return to the Court in light of the new facts and changes in the situation in Gaza — particularly the situation of widespread starvation — brought about by the continuing egregious breaches of the Convention on the Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing manifest violations of the provisional measures indicated by this Court on 26 January 2024”.
A media statement by the SA government and report by the Palestine Chroncile follow below.
You can download the full South African submission here.
RK
South Africa requests International Court of Justice to urgently act to prevent famine in Gaza genocide
Media Statement, 7 March 2024
South Africa has on 6 March 2024, approached the International Court of Justice (ICJ) with an urgent application for the provisional measures the court ordered on 26 January 2024, to be strengthened to prevent a catastrophic famine in the Gaza Strip.
The urgent application has been necessitated by widespread starvation in Gaza, which has claimed the lives of at least 15 children in the past week alone, with the actual numbers believed to be much higher. United Nations experts warn that the number of deaths will increase exponentially unless military activities are halted and the blockade is lifted.
South Africa has therefore requested the indication and/or modification of the following provisional measures:
- All participants in the conflict must ensure that all fighting and hostilities come to an immediate halt, and that all hostages and detainees are released immediately.
- All Parties to the Convention on the Prevention and Punishment of the Crime of Genocide must, forthwith, take all measures necessary to comply with all of their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
- All Parties to the Convention on the Prevention and Punishment of the Crime of Genocide must, forthwith, refrain from any action, and in particular any armed action or support thereof, which might prejudice the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts, or any other rights in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
- The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza, by:
(a) immediately suspending its military operations in Gaza
(b) lifting its blockade of Gaza
(c) rescinding all other existing measures and practices that directly or indirectly have the effect of obstructing the access of Palestinians in Gaza to humanitarian assistance and basic services; and
(d) ensuring the provision of adequate and sufficient food, water, fuel, shelter, clothing, hygiene and sanitation requirements, alongside medical assistance, including medical supplies and support.
- The State of Israel shall submit an open report to the Court on all measures taken to give effect to all provisional measures ordered by the Court to date, within one month as from the date of this Order.
On 29 December 2023, South Africa approached the International Court of Justice (ICJ), as a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’), seeking an order to prevent Israel from committing genocide against the Palestinian people who, along with all other distinct national, racial and ethnical groups, are protected by that Convention.
On 26 January 2024, the Court ruled that South Africa’s claim met the standard of plausibility and, on the request of South Africa, ordered Israel inter alia, to take action to prevent and punish genocide, incitement to genocide, and to enable the immediate and effective provision of basic services and humanitarian assistance to besieged Gaza.
These ‘Provisional Measures’ were issued by the Court to prevent irreparable and irreversible harm to the rights of Palestinians pending the Court’s final decision on the case.
Regrettably, Israel has not complied with the Court’s binding Order, but has instead escalated its genocidal acts against the Palestinian people. On 15 February 2024, following a letter to the Court from South Africa in response to Israel’s threatened assault on Rafah, the Court reminded Israel that “the perilous situation [in Rafah] demands immediate and effective implementation of the provisional measures indicated” by it on 26 January 2024, which included Israel’s obligation to ensure ‘the safety and security of the Palestinians in the Gaza Strip’.
Media enquiries: Vincent Magwenya, Spokesperson to the President – media@enquires.gov.za
Issued by: The Presidency
‘Extreme Urgency’ – South Africa Files Urgent Request to ICJ over Gaza Starvation
The Palestine Chronicle, 7th March 2024
South Africa says the urgent application has been necessitated by widespread starvation in the Gaza Strip, which has claimed the lives of at least 15 children.
South Africa has once again filed an urgent request with the International Court of Justice (ICJ) for the provisional measures the Court ordered on January 26, to be strengthened to prevent a catastrophic famine in the besieged Gaza Strip.
The urgent application has been necessitated by widespread starvation in Gaza, which has claimed the lives of at least 15 children in the past week alone, with the actual numbers believed to be much higher,” the South African presidency said in a statement on Wednesday.
It stressed that United Nations experts warn that “the number of deaths will increase exponentially unless military activities are halted and the blockade is lifted.”
In its new request, the ICJ said, South Africa stated that it is “compelled to return to the Court in light of the new facts and changes in the situation in Gaza — particularly the situation of widespread starvation — brought about by the continuing egregious breaches of the Convention on the Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing manifest violations of the provisional measures indicated by this Court on 26 January 2024”.
It requested the Court to indicate further provisional measures and/or to modify the provisional measures indicated in its Order of 26 January 2024 … “in order urgently to ensure the safety and security of 2.3 million Palestinians in Gaza, including over a million children”, the ICJ stated.
Without a Hearing
South Africa has urged the Court to do so without holding a hearing, in light of the “extreme urgency of the situation.”
Among the measures requested by South Africa to be either indicated and/or modified are “an immediate halt” to “hostilities” and for Israel to “take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance.”
On December 29, 2023, South Africa approached the ICJ seeking an order to prevent Israel from committing genocide against the Palestinian people.
On 26 January 2024, the Court ruled that South Africa’s claim met the standard of plausibility and, on the request of South Africa, ordered Israel inter alia, to take action to prevent and punish genocide, incitement to genocide, and to enable the immediate and effective provision of basic services and humanitarian assistance to besieged Gaza.
These ‘Provisional Measures’ were issued by the Court to prevent irreparable and irreversible harm to the rights of Palestinians pending the Court’s final decision on the case.
“Regrettably, Israel has not complied with the Court’s binding Order, but has instead escalated its genocidal acts against the Palestinian people,” the Presidency said.
Rafah Threat
On February 15, 2024, following a letter to the Court from South Africa in response to Israel’s threatened assault on Rafah, the Court reminded Israel that “the perilous situation [in Rafah] demands immediate and effective implementation of the provisional measures indicated” by it on 26 January 2024, which included Israel’s obligation to ensure ‘the safety and security of the Palestinians in the Gaza Strip’.
“Israel’s ongoing failure to immediately and effectively implement the Court’s Order and comply with its obligations under the Genocide Convention, as well as its contempt for the Court, is manifest,” the Presidency emphasized.
As a result, the statement continued, “the dire situation of Palestinians in Gaza that gave rise to that Order has worsened in all respects. The world has watched in horror as over two million people in Gaza face famine.”
It stressed that “Time is running out for the Palestinians. It is already too late for the 30,000 people who have lost their lives in Gaza since the start of the conflict.”
It added that the world “has an obligation to do whatever can be done immediately to stop further suffering and loss of life,” as the threat of all-out famine “has now materialized”.
South Africa urged the court to “act now to stop the imminent tragedy by immediately and effectively … The people of Gaza cannot wait.”
More than 30,700 Killed
Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.
According to Gaza’s Ministry of Health, 30,717 Palestinians have been killed, and 72,156 wounded in Israel’s ongoing genocide in Gaza starting on October 7.
Moreover, at least 7,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.
Palestinian and international organizations say that the majority of those killed and wounded are women and children.
The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.
Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire.’
Well done South Africa a shining light in a very dark world. As for Starmer and his gang of cowards, they are slowly wrecking the Labour Party standing in the third world. Ceasefire now.
Will anything come out of this, Netanyahu has said, the ICJ isn’t going to stop them. He knows that he has the backing of the United States, plus the UK. Israel needs the threat of BDS but will the US veto it?
Israel in the form of Netanyahu will not move as his future (political and freedom) depends on the massacre continuing.
BDS, BDS, BDS. It’s the most effective action we lesser folk can take. Unsurprisingly BDS is banned in the LP by its leader.