South Africa approached the International Court of Justice (ICJ) with an urgent application for the provisional measures the court ordered in January to be strengthened to prevent famine in the Gaza Strip.
The urgent application on Wednesday night comes after continued widespread starvation in Gaza.
South Africa has requested the indication and/or modification of the following provisional measures:
– All participants in the war must ensure that all fighting and hostilities come to an immediate halt. Additionally, all hostages and detainees are released immediately.
– The parties must take all measures necessary to comply with all of their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (also known as the Genocide Convention).
– The Parties must refrain from any action, particularly any armed action, which might infringe on the rights of the other Party in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
– The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza, by:
(a) immediately suspending its military operations in Gaza;
(b) lifting its blockade of Gaza; and
(c) rescinding all other existing measures and practices that directly or indirectly have the effect of obstructing the access of Palestinians in Gaza to humanitarian assistance and basic services, and ensuring the provision of adequate and sufficient food, water, fuel, shelter, clothing, hygiene and sanitation requirements, and medical assistance including medical supplies and support.
– The State of Israel shall submit an open report to the ICJ on all measures taken to give effect to all provisional measures ordered by the Court, within one month as from the date of this Order.
When did South Africa initially approach the ICJ?
On December 29, South Africa approached the ICJ, as a State Party to the Genocide Convention, seeking an order to prevent Israel from committing genocide against the Palestinian people.
In a landmark ruling nearly a month later on January 26, the Court ruled that Israel's actions in Gaza are plausibly genocidal.
On the request of South Africa, ICJ ordered Israel 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.
‘Provisional measures’ were issued by the ICJ to prevent irreparable and irreversible harm to the rights of Palestinians pending the Court’s final decision on the case.
The Presidency stated Israel has not complied with the Court’s binding Order, but has instead escalated its genocidal acts against the Palestinian people.
“On February 15, 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 January 26, which included Israel’s obligation to ensure ‘the safety and security of the Palestinians in the Gaza Strip’,” the Presidency stated further.
An United Nations Human Rights Experts warned earlier this week: “Israel has been intentionally starving the Palestinian people in Gaza since October 8. Now it is targeting civilians seeking humanitarian aid and humanitarian convoys. Israel must end its campaign of starvation and targeting of civilians.”
The United Nations Human Rights Experts said Israel is not respecting its international legal obligations and is not complying with the provisional measures of the International Court of Justice.”
Statistics
It is estimated that famine could result in more than 85,000 deaths in the next six months, if nothing is done.
It is believed that 15 children in the past week alone. However the actual numbers is believed to be much higher.
The death toll in the Gaza Strip has exceeded 30,400, the health ministry said in a recent press statement.
United Nations experts warn that the number of deaths will increase exponentially unless military activities are halted and a ceasefire is in place.
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