The Republic of South Africa institutes proceedings against the State of Israel

The Republic of South Africa institutes proceedings against the State of Israel
and requests the Court to indicate provisional measures
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 Application instituting proceedings, which includes the Request for the indication of
provisional measures, is available on the Court’s website.
Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.
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.
Courtesy INTERNATIONAL COURT OF JUSTICE