What are South Africa's 9 interim measures in the ICJ case?

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THE HAGUE — The International Court ofJustice (ICJ) has announced that it will issue its decision on Friday regarding the nine interim measures requested by South Africa in its case against Israel for committing genocide against Palestinians in the Gaza Strip, Al-Mamlaka TV reported.

South Africa filed a case against Israeli authorities on December 29, 2023, alleging violations of the Genocide Convention regarding Palestinians in Gaza. During the court procedures, South Africa requested the court to issue interim measures to prevent further harm to the rights of Palestinians and to ensure compliance by the Israeli authorities with their obligations under the convention.

What are interim measures?
Interim measures are court orders issued before the final judgment in a case, aimed at preventing irreparable harm. These measures require the respondent state to refrain from specific actions until the court issues its final judgment.

South Africa requested the ICJ to consider nine interim measures concerning the Palestinian people as a protected group under the Genocide Convention.

Here are the nine measures summarized as follows:

  1. Israel must immediately suspend its military operations in Gaza.
  2. Israel must ensure that no actions are taken to escalate its military operations in Gaza.
  3. Both South Africa and Israel must take all reasonable measures within their jurisdiction to prevent genocide against the Palestinian people according to their obligations under the Genocide Convention.
  4. Israel must also refrain from committing any acts defined under Article two of the convention, such as killing members of the group, inflicting serious bodily or mental harm on them, deliberately imposing living conditions aimed at their physical destruction, and imposing measures to prevent births within the group.
  5. Israel must cease all measures, including revoking relevant orders, restrictions, and prohibitions, concerning Palestinians to prevent forcibly displacing and deporting them from their homes, depriving them of access to adequate food and water, humanitarian aid including sufficient fuel, shelter, clothing, hygiene, sanitation, supplies and medical assistance and destroying Palestinian life in Gaza.
  6. Israel must ensure that it refrains from committing any acts described in paragraphs four and five, avoids engaging in direct and public incitement, refrains from attempting to commit genocide, and does not conspire or participate in such acts.
  7. Israel must take effective measures to prevent the destruction of evidence related to the allegations and ensure its preservation. To achieve this goal, Israel must not prevent or restrict access by fact-finding missions, international delegations, and other bodies to Gaza.
  8. Israel is required to submit a report to the ICJ detailing all measures taken to implement this order under interim measures within one week from the date of issuance. Subsequently, Israel must provide regular updates as ordered by the court until its final decision in the case.
  9. Israel is obligated to abstain from taking any action and must ensure that no steps are taken to exacerbate the dispute before the court, prolong its duration, or complicate its resolution.
    Unprecedented Violence.
اضافة اعلان

On January 11, 2024, the ICJ held its initial public hearing in response to a lawsuit filed by South Africa, accusing Israel's of committing genocide in the Gaza Strip.The lawsuit received backing from Jordan and the Palestinian government.

A Lawyer from South Africa’s Legal Team, Adila Hassim emphasized that Israel has subjected the strip’s 2.3 million residents to an unprecedented level of violence, encompassing air, land, and sea, leading to killing thousands of civilians and the obliteration of homes and vital public infrastructure.

Hassim stated that Israel obstructed the delivery of adequate humanitarian aid to those in need, creating a risk of death from hunger and disease due to the impossibility of providing assistance during bombings.

"The Palestinians in Gaza are continuously bombed wherever they go," she stated, "They are killed in their homes and in the places they sought refuge, in hospitals, schools, mosques, and churches, and while trying to find food and water for their families. They are killed if they fail to evacuate from the places they fled to, and even if they try to escape through the safe routes specified by Israel."

Moreover, South Africa also highlighted that 6,000 bombs fell on Gaza in the first week of Israel’s war on the strip, including the use of 2,000-pound bombs, particularly in southern areas classified as safe and in northern refugee camps.

Hassim stressed that these weapons were some of the largest and most destructive bombs available, adding that acts of genocide, "Are never announced in advance, but this court benefits from evidence obtained over the past 13 weeks, which unequivocally shows the existence of a pattern of behavior and related intent that justifies a plausible claim of genocide."

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