(Reuters) – The International Court of Justice today issued its Order regarding the request for modification and provisional measures submitted by South Africa on 10 May 2024 in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
In the Order, the Court:
(1) By thirteen votes to two,
Reaffirms the provisional measures indicated in its Orders of 26 January 2024 and 28 March 2024, which should be immediately and effectively implemented;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures:
The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by civilians in the Rafah Governorate:
(a) By thirteen votes to two, Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(b) By thirteen votes to two, Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(c) By thirteen votes to two, Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(3) By thirteen votes to two, Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak.”
* Vice-President SEBUTINDE appends a dissenting opinion to the Order of the Court; Judges NOLTE, AURESCU and TLADI append declarations to the Order of the Court; Judge ad hoc BARAK appends a dissenting opinion to the Order of the Court.
In its Order, the Court emphasizes the catastrophic humanitarian situation in the Gaza Strip, which, as stated in its Order of 26 January 2024, was at serious risk of deteriorating, has worsened, and has further deteriorated since the Court adopted its Order of 28 March 2024. It notes that, after weeks of intensification of military bombardments of Rafah, nearly 100,000 Palestinians were ordered to evacuate the eastern portion of Rafah and relocate to other areas. The military ground offensive in Rafah started on 7 May 2024, leading to new evacuation orders and almost 800,000 people being displaced from Rafah as of 18 May 2024.
The Court considers these developments exceptionally grave and a change in the situation within the meaning of Article 76 of the Rules of Court. The Court believes that the existing provisional measures do not fully address the consequences of the situation change, justifying the modification of these measures. It also expresses concerns about the risks associated with the military offensive in Rafah and doubts the effectiveness of Israel’s evacuation efforts to ensure the safety of civilians in the Gaza Strip.
