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STORY: ICJ / SOUTH AFRICA VS ISRAEL
TRT: 5:54
SOURCE: ICJ
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
DATELINE: 24 MAY 2024, THE HAGUE
1. Various shots, court room
2. SOUNDBITE (English) HE Judge Nawaf Salam, President of the Court:
“(1) By thirteen votes to two, Reaffirms the provisional measures indicated in its Orders of 26 January 2024 and 28 March 2024, which should be immediately and effectively implemented;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures: The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by civilians in the Rafah Governorate:
(a) By thirteen votes to two, Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(b) By thirteen votes to two, Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(c) By thirteen votes to two, Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(3) By thirteen votes to two, Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa, Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak.”
3. Various shots, court room
The International Court of Justice (ICJ) on Friday (24 May) issued new provisional measures that order Israel to immediately end military operations in Rafah in southern Gaza and to open the governate’s border crossing for urgent aid deliveries.
This follows a request from South Africa in a pending case accusing Israel of violating its obligations under the Genocide Convention.
Reading the new provisional measures in an open session at the court in The Hague, ICJ Justice Nawaf Salam announced that Israel must abide by its obligations under the Genocide Convention to “immediately halt its military offensive and any other action in the Rafah governate which may inflict upon the Palestinian group in Gaza conditions of life that would bring about its physical destruction in whole and in part”.
The court issued that decision by 13 votes in favour to two against.
The new provisional measures came in response to South Africa’s request made on 10 May related to its initial accusations in December that Israel is violating its obligations under the Genocide Convention during the war in Gaza, which broke out after Hamas-led attacks on Israel in October that killed more than 1,200 people and left another 250 taken hostage.
Israel’s military response has, to date, killed nearly 36,000 Palestinians and caused widespread destruction and a looming famine in the besieged and bombarded enclave.
Given the worsening conditions on the ground since Israel’s incursion into Rafah on 7 May, the court decided, also by votes of 13 in favour to two against, the new provisional measures shall require Israel to open the Rafah crossing for the unhindered delivery of urgent humanitarian aid and ensure unimpeded access for fact-finding missions to investigate allegations of genocide.
The Rafah border crossing, which has been the main entry point for aid to the enclave, has been closed since 7 May.
In addition, the ICJ ordered Israel to submit a report within one month on steps taken to implement these provisional measures.
