Document:South Africa institutes Genocide Convention proceedings against Israel
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statement by ICJ dated 29 December 2023Subjects: Israel, South Africa, Occupied Palestinian Territory, ICJ, Genocide Convention, 2023 Gaza−Israel conflict, Israeli–Palestinian conflict
Source: International Court of Justice (Link)
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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, No. 2023/77.
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 "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".[1]
