SA seeks additional measures in genocide case against Israel

South Africa has filed an urgent request with the International Court of Justice (ICJ) for the indication of additional provisional measures in its genocide case against Israel.

South Africa is also seeking a modification of provisional measures previously prescribed by the court in the case concerning the alleged violations by Israel of its obligations under the Genocide Convention in relation to Palestinians in the Gaza Strip. 

In its new request filed on Friday, South Africa stated the provisional measures previously indicated by the court were not capable of fully addressing the changed circumstances and new facts on which its request was founded.

It stated the situation brought about by the Israeli assault on Rafah, and the extreme risk it posed to humanitarian supplies and basic services into Gaza to the survival of the Palestinian medical system and Palestinians in Gaza as a group, was not only an escalation of the prevailing situation, but gave rise to new facts that were causing irreparable harm to the rights of the Palestinian people in Gaza. 

South Africa requested the court to indicate further provisional measures for “the protection of the Palestinian people in Gaza from grave and irreparable violations of their rights”. 

This case began in December 29 when South Africa instituted proceedings against Israel at the ICJ. 

“Israel, since October 7 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide,” South Africa said in its initial application, adding “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”

In that application, South Africa asked the court to indicate provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention”. 

On January 26, the ICJ issued an interim order that Israel take measures “to prevent genocidal acts in Gaza and to prevent inflicting conditions of life calculated to bring about the destruction of Palestinians in Gaza as a group”. 

On March 28, the court indicated additional provisional measures, after a request from South Africa, dated March 6, for the indication of additional provisional measures and the modification of its January 26 order. 

TimesLIVE