Comments
On March 6, 2024, South Africa submitted an urgent request to the International Court of Justice (ICJ) to indicate further provisional and modify existing measures of the Court's previous orders in the South Africa v. Israel case. In its request, South Africa stated it was compelled to return to the Court due to new developments in Gaza, particularly the widespread starvation caused by Israel's actions.
The request comes in light of the ICJ's previous order and subsequent decision regarding Israel's compliance with the Genocide Convention. In response to South Africa's initial proceedings against Israel, which contained a request for the indication of provisional measures, the ICJ ordered Israel to adopt six provisional measures, including that Israel take all measures within its power to prevent genocide and to enable urgent humanitarian assistance and basic service. However, the Court fell short of fulfilling South Africa's request by declining to impose an immediate and unilateral ceasefire. The Court also declined South Africa's subsequent urgent request for additional measures to safeguard Palestinians, noting that while the recent developments in the Gaza Strip and Rafah would "exponentially increase what is already a humanitarian nightmare with untold regional consequences," the situation did not demand the indication of additional provisional measures.
In this most recent attempt to persuade the Court to take additional action, South Africa urges the ICJ to indicate further provisional measures and modify existing measures to address the evolving situation in Gaza and Israel's continued violations of the ICJ's orders. In its request, South Africa emphasizes the urgency of the situation, citing the escalating humanitarian crisis and Israel's continued defiance of the ICJ's orders. It calls for immediate action by the ICJ to prevent further suffering and potential genocide. It urges the Court to do so without holding a hearing, given the "extreme urgency of the situation."