South Africa has urgently asked the International Court of Justice (ICJ) to enforce additional emergency measures against Israel to prevent a famine in the Gaza strip.
A statement released by the Presidency on Wednesday detailed that South Africa approached the ICJ with an urgent application for the provisional measures the court ordered on 26 January 2024 to be strengthened.
According to the Presidency, the urgent application has been necessitated by widespread starvation in Gaza, which has claimed the lives of at least 15 children in the past week alone, with the actual numbers believed to be much higher.
It added that the United Nations (UN) experts have warned that the number of deaths will increase exponentially unless military activities are halted and the blockade is lifted.
“The situation is urgent. South Africa has no choice but to approach the Court for the strengthening of the Provisional Measures in place to try prevent full-scale famine, starvation and disease in the Gaza Strip, which experts predict may result in more than 85 000 deaths in the next six months, if nothing is done,” the statement read.
South Africa’s move comes on the back of warnings by the UN General Assembly, and an unprecedented number of UN bodies and human rights experts that have recognised that the only way to avert such a catastrophe is by an immediate cessation of hostilities to enable full and effective delivery of humanitarian aid.
“Time is running out for the Palestinians. It is already too late for the 30 000 people who have lost their lives in Gaza since the start of the conflict. The world has an obligation to do whatever can be done immediately to stop further suffering and loss of life. The threat of all-out famine has now materialised.
“The Court needs to act now to stop the imminent tragedy by immediately and effectively ensuring that the rights it has found are threatened under the Genocide Convention are protected. The people of Gaza cannot wait,” the statement read.
Details of the request
In its application, South Africa has officially called for the indication or modification of several provisional measures related to the ongoing conflict.
The requested actions include an immediate cessation of all fighting and hostilities, the prompt release of hostages and detainees, and the compliance of all parties to the Convention on the Prevention and Punishment of the Crime of Genocide with their obligations.
Additionally, South Africa urged the parties to refrain from any actions that may undermine the rights of Palestinians in Gaza to be protected from genocide and related prohibited acts.
The State of Israel is specifically called upon to take swift and effective measures, including suspending military operations in Gaza, lifting the blockade, and revoking any hindrances to Palestinians' access to humanitarian assistance.
Furthermore, Israel is required to provide urgently needed basic services and humanitarian aid, addressing issues like famine and adverse living conditions in Gaza. This entails ensuring access to food, water, fuel, shelter, clothing, hygiene, sanitation, and medical assistance.
Lastly, the state of Israel must submit an open report to the Court within one month detailing the actions taken to implement all ordered provisional measures up to the present date.
ICJ order
On 29 December 2023, South Africa approached the ICJ, as a State Party to the Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’), seeking an order to prevent Israel from committing genocide against the Palestinian people who, along with all other distinct national, racial and ethnical groups, are protected by that Convention.
On 26 January 2024, the Court ruled that South Africa’s claim met the standard of plausibility and, on the request of South Africa, ordered Israel inter alia, to take action to prevent and punish genocide, incitement to genocide, and to enable the immediate and effective provision of basic services and humanitarian assistance to besieged Gaza.
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These ‘Provisional Measures’ were issued by the Court to prevent irreparable and irreversible harm to the rights of Palestinians pending the Court’s final decision on the case.
“Regrettably, Israel has not complied with the Court’s binding order, but has instead escalated its genocidal acts against the Palestinian people. On 15 February 2024, following a letter to the Court from South Africa in response to Israel’s threatened assault on Rafah, the Court reminded Israel that ‘the perilous situation [in Rafah] demands immediate and effective implementation of the provisional measures indicated’ by it on 26 January 2024, which included Israel’s obligation to ensure ‘the safety and security of the Palestinians in the Gaza Strip’,” the statement said.
South Africa added that Israel’s ongoing failure to “immediately and effectively implement the Court’s Order and comply with its obligations under the Genocide Convention, as well as its contempt for the Court, is manifest”.
“As a result, the dire situation of Palestinians in Gaza that gave rise to that Order has worsened in all respects. The world has watched in horror as over two million people in Gaza face famine.”
South Africa further highlighted that under the Genocide Convention, deliberately inflicting conditions of life calculated to bring about the destruction of Palestinians including through mass starvation and destruction of food systems amounts to genocide. – SAnews.gov.za
