South Africa v. Israel: ICJOrders AdditionalProvisional Measures Dr. Ewelina U. Ochab ContributorDr. Ewelina U. Ochab is a lawyer, human rightsFollowadvocate, and author. Mar 28, 2024, 06:13pm EDT
On March 28, 2024, the International Court of Justice (ICJ) orderedIsrael additional provisional measures, in the case concerning theApplication of the Convention on the Prevention and Punishment ofthe Crime of Genocide in the Gaza Strip (South Africa v. Israel). TheICJ is the principal judicial organ of the United Nations. The ICJ has atwofold role: first, to settle, in accordance with international law, legaldisputes submitted to it by States; and, second, to give advisoryopinions on legal questions referred to it by duly authorized UnitedNations organs and agencies of the system.On January 26, 2024, the ICJ ordered Israel, among others to “inaccordance with its obligations under the Genocide Convention, inrelation to Palestinians in Gaza, take all measures within its power toprevent the commission of all acts within the scope of Article II ofthis Convention, in particular: (a) killing members of the group; (b)causing serious bodily or mental harm to members of the group; (c)deliberately inflicting on the group conditions of life calculated tobring about its physical destruction in whole or in part; and (d)imposing measures intended to prevent births within the group.” TheICJ indicated that “the conditions required by [the ICJ] Statute for itto indicate provisional measures [were] met. It [was] thereforenecessary, pending its final decision, for the [ICJ] to indicate certainmeasures in order to protect the rights claimed by South Africa thatthe [ICJ] has found to be plausible.”Before announcing the additional provisional measures in March2024, the ICJ considered South Africa’s request of March 6, 2024,based on the change in the situation in Gaza, and Israel’s observationsof March 15, 2024, on that request. In its order, the ICJ observed that,since January 26, 2024, “the catastrophic living conditions of thePalestinians in the Gaza Strip have deteriorated further, in particularin view of the prolonged and widespread deprivation of food andother basic necessities to which the Palestinians in the Gaza Striphave been subjected”, and that “Palestinians in Gaza are no longerfacing only a risk of famine, as noted in the Order of 26 January 2024,but that famine is setting in.” The ICJ indicated that “the provisionalmeasures indicated in the Order of January 26, 2024, do not fullyaddress the consequences arising from the changes in the situation...,thus justifying the modification of these measures.”The order of March 28, 2024, indicated the following provisionalmeasures:“The State of Israel shall, in conformity with its obligations under theConvention on the Prevention and Punishment of the Crime ofGenocide, and in view of the worsening conditions of life faced byPalestinians in Gaza, in particular, the spread of famine andstarvation:
(a) Unanimously, Take all necessary and effective measures to ensure,without delay, in full co-operation with the United Nations, theunhindered provision at scale by all concerned of urgently neededbasic services and humanitarian assistance, including food, water,electricity, fuel, shelter, clothing, hygiene and sanitation requirements,as well as medical supplies and medical care to Palestiniansthroughout Gaza, including by increasing the capacity and number ofland crossing points and maintaining them open for as long asnecessary;
(b) By fifteen votes to one, Ensure with immediate effect that itsmilitary does not commit acts which constitute a violation of any ofthe rights of the Palestinians in Gaza as a protected group under theConvention on the Prevention and Punishment of the Crime ofGenocide, including by preventing, through any action, the delivery ofurgently needed humanitarian assistance.”
The issue of starvation has been receiving more attention over recentweeks. Among others, on February 27, 2024, senior United Nationsofficials warned the U.N. Security Council of imminent famine in theGaza Strip, urging immediate action to avert humanitarian disaster. Asthey emphasized, at least 576,000 people in Gaza – one-quarter of thepopulation – were “one step away from famine.” Days before theadditional provisional measures, the World Health Organization isreported to state that “Famine is ever closer to becoming a reality innorthern Gaza. People are starving and getting sick. The limited foodavailable is insufficient to keep adults and children healthy.”According to the update from the International Federation of RedCross and Red Crescent Societies, health services in northern Gazahave been largely destroyed and the healthcare system in southernGaza is on the brink of collapse.As the crisis rages on, it is crucial to recognize that civilians,including women and children, are suffering the dire and deadlyconsequences. As starvation becomes a reality in Gaza, humanitarianassistance cannot be delayed anymore.
