South Africa requests International Court of Justice to urgently act to prevent famine in Gaza genocide

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’.

Issued by Vincent Magwenya, Spokesperson to the President, 8 March 2024