In the open case before the International Court of Justice (ICJ) regarding the genocide in Gaza Strip, South Africa has asked for “the indication of additional provisional measures and the modification of the Court’s prior provisional measures.”
On March 6, South Africa filed this urgent request for increased provisional measures as well as modifications to the order of January 26, and February 16 decision which rejected South Africa’s previous request for additional measures concerning the large-scale attacks on Rafah.
In its opening sentence, South Africa indicated its commitment to the avenue of international law, stating that it is “compelled to return to the Court in light of the new facts and changes in the situation in Gaza.” It argued the increased and “widespread starvation” is indistinct from the “continuing egregious breaches of the Convention on the Prevention and Punishment of the Crime of Genocide.”
South Africa also highlighted Israel’s “ongoing manifest violations of the provisional measures indicated by this Court.”
In response to the Court’s previous denial of additional requests, South Africa cited UN humanitarian chiefs’ descriptions of the humanitarian crisis in Palestine. According to United Nations Secretary-General António Guterres, the situation is “perilous”, and South Africa further stated that it is “now so terrifying as to be unspeakable.”
Just a few days ago, images spread on social media of 10-year-old Yazan al-Kafarneh, who for weeks starved to death due to “Israel’s crippling blockade and deliberate starvation of Gaza”. He is not the only Palestinian to succumb to this fate; two-month-old Mahmoud Fattouh, died from starvation after being deprived of milk for days, while Abdul Rahman al-Dahdouh, passed away from severe dehydration and malnutrition.
South Africa’s application concluded with the request that the Court make a decision “without holding a hearing”, as the “safety and security of 2.3 million Palestinians in Gaza” is a matter of “extreme” urgency.
Honi reached out to USyd’s Ethnocultural Officers for a statement:
“If ever there was a seedling of doubt as to whether Israel is perpetrating collective punishment against the Palestinians in Gaza, let this be a testimony. Severe malnutrition has materialised across Gaza, and civilians face death by way of the IOF, and otherwise by famine and severe illness. Gazans have become mere pawns on a chess board. Every second the ICJ fails to issue measures against Israel serves as a reminder of the Imperialist roots of international law.”
The Court has yet to deliver its final decision on South Africa’s overall application, and it may be months or even years before that is reached.
