Home Attorneys & Law The World Court has no basis to direct provisional measures against Israel in accordance with the Genocide Convention

The World Court has no basis to direct provisional measures against Israel in accordance with the Genocide Convention

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The World Court has no basis to direct provisional measures against Israel in accordance with the Genocide Convention


On December 29, 2023, referencing the ongoing conflict between Israel and Hamas in the Gaza Strip, South Africa instituted proceedings against the State of Israel in the International Court of Justice (“ICJ”). In its Application to the ICJ, South Africa alleged that Israel, through its acts and omissions, breached and continues to breach the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). South Africa’s Application also contained a Request for the indication of provisional measures “pending the [ICJ’s] determination of the case on the merits.” (Application of Convention on Prevention and Punishment of Genocide (S. Afr. v. Isr.), 2024 I.C.J. 82, ¶ 144 (South Africa’s Application and Request for the Indication of Provisional Measures of Dec. 29, 2023)). On January 26, 2024, the Court issued an Order indicating six provisional measures against Israel, including requiring it to “take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention.” (Application of Convention on Prevention and Punishment of Genocide (S. Afr. v. Isr.), Order, 2024 I.C.J. 24-26, ¶ 86 (January 26)).
The World Court has ruled in this case…



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