29 December 2023

INTERNATIONAL COURT OF JUSTICE

Press Release

Unofficial

No. 2023/77

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

Download Document Files:
https://www.un.org/unispal/wp-content/uploads/2023/12/192-20231229-pre-01-00-en.pdf
https://www.un.org/unispal/wp-content/uploads/2023/12/192-20231228-app-01-00-en.pdf
Document Type: Press Release
Document Sources: International Court of Justice (ICJ)
Country: Israel, South Africa
Subject: Gaza Strip, Genocide
Publication Date: 29/12/2023
URL source:
https://www.icj-cij.org/sites/default/files/case-related/192/192-20231229-pre-01-00-en.pdf

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Steve Hayes from Tshwane, South Africa
Web: http://www.khanya.org.za/stevesig.htm
Blog: http://khanya.wordpress.com
E-mail - see web page, or parse: shayes at dunelm full stop org full stop uk

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