South Africa at ICJ stage 1: Principle that human rights and justice apply to all people, equally, is on trial
11 January 2024
South Africa’s application to the International Court of Justice for an interim order on the provision of humanitarian relief to the people of Gaza seeks to fulfil two critical functions.
First, it seeks to interrupt the genocidal vengeance of the Israeli Defence Force against the civilian population of Palestine in response to Hamas’ violent actions on 7 October 2023. And, second, it seeks to underscore the principle that human rights and justice apply to all people, equally.
The rules of the international court provide for the prioritisation of applications for provisional measures. This is akin to an interim interdict in our legal system, pending the final determination of the main action.
The provisional measures that South Africa is requesting, brought under the United Nations’ Genocide Convention, are intended to urgently protect Palestinians against further, severe and irreparable harm.