On Wednesday, South Africa submitted an urgent request to the International Court of Justice (ICJ) for additional provisional measures and alterations to the court’s orders from January 26 and February 16, in South Africa’s case against Israel. South Africa alleges that Israel is perpetrating genocide in the Gaza Strip.
South Africa argues that their request is necessitated due to the changing conditions in Gaza since they initially lodged the case with the ICJ. They cited famine and health crises occurring in northern Gaza as examples. The nation contends that the request is aimed at “ensuring the safety and security of 2.3 million Palestinians in Gaza” and preventing Israel’s continued violations of the provisional measures delivered by the ICJ on January 26.
The capacity to modify or augment the provisional measures in a pre-issued ICJ order is granted under Article 41 of the Statute of the ICJ. Articles 75(1), 75(3), and 76(1) of the Rules of Court also relate to the court’s ability to modify or supplement such measures.
In December 2023, South Africa originally initiated proceedings and applied for provisional measures against Israel, accusing the nation of contravening the 1948 Convention on the Prevention and Punishment of the Crime of Genocide in its ongoing conflict in Gaza. The court responded swiftly, and less than a month later, it specified six provisional measures, which directed Israel to either end or reduce the intensity of the war. However, Israel has yet to comply with these orders.
Following the issue of the ICJ’s preliminary measures, South Africa lodged a separate application for additional ones on February 12. This action was in response to a “significant development,” namely a statement made by the Office of the Prime Minister of the State of Israel on February 9. However, on February 16, the ICJ held that this statement did not warrant further provisional measures. Instead, it called for the immediate and effective implementation of the existing ones.
The ongoing war between Israel and Hamas continues to escalate in Gaza. Although there are active discussions regarding a ceasefire in the run-up to the holy month of Ramadan, there is not an agreement as of yet. The death toll of this war is now estimated to exceed 30,000 lives. Experts from the UN have voiced concerns about the rapidly deteriorating humanitarian conditions in northern Gaza, citing that aid efforts are severely hampered. One expert recently estimated that over 2.3 million people in Gaza are currently living in horrendous conditions.