Layla Hadid
South Africa has petitioned the International Court of Justice (ICJ) for new provisional measures and modifications to existing ones, with hearings set for the upcoming Thursday and Friday. The court, headquartered at the Peace Palace in The Hague, confirmed the schedule following South Africa’s formal request on May 10, concerning alleged violations under the Convention on the Prevention and Punishment of the Crime of Genocide.
The case, titled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), will feature oral arguments from South Africa on Thursday from 3 PM to 5 PM. Israel’s response will follow on Friday from 10 AM to 12 PM.
The genesis of these proceedings dates back to December 29, 2023, when South Africa initiated legal action against Israel. The complaint accuses Israel of failing to uphold its obligations under the Genocide Convention in its interactions with Palestinians in the Gaza Strip.
Alongside its initial application, South Africa sought immediate court intervention through provisional measures aimed at curtailing further severe damage. Specifically, South Africa emphasized the necessity of these measures 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.”
In response, the ICJ issued its first order on January 26, 2024, concerning the initial set of provisional measures requested by South Africa. A subsequent decision was made on February 16, following South Africa’s request for additional measures submitted on February 12.
Continuing its legal efforts, South Africa filed another request on March 6, leading to the ICJ indicating further provisional measures on March 28, either to supplement or modify its initial January 26, 2024, order.
The hearings this week mark a crucial juncture in the ongoing legal discourse surrounding these allegations, with both nations presenting their arguments before the international tribunal.
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