ICJ set to rule on South Africa Gaza ceasefire bid on May 24

By Al Mayadeen English
Source: Al Mayadeen English
23 May 2024 14:30
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Following the ICJ hearing held earlier this month on South Africa's latest provisional measures request, the court will announce its decision tomorrow.

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Members of the media take images of South Africa's delegation, front right, at the International Court of Justice, in The Hague, Netherlands, Thursday, May 16, 2024. (AP)

The International Court of Justice (ICJ) announced today in a press release that it will deliver its order on the request for the "modification" and "the indication of provisional measures" submitted by South Africa on May 10 in its case against "Israel".

The court posted on X that Judge Nawaf Salam, president of the court, will read out the order in a hearing set to happen at 3 pm at the Peace Palace in The Hague.

PRESS RELEASE: tomorrow at 3 p.m. (The Hague), the #ICJ will deliver its Order on the request for the modification & the indication of provisional measures submitted by South Africa on 10 May 2024 in the case #SouthAfrica v. #Israel. Watch live on @UNWebTV https://t.co/qUl9vfKR8D pic.twitter.com/o9yMuEYCBv
— CIJ_ICJ (@CIJ_ICJ) May 23, 2024

An overview by the Court on the status of the case

The ICJ listed in a general overview the milestones of the case so far, which was launched on December 29 of last year when South Africa filed an application to the court against "Israel" accusing it of violating the Genocide Convention.

It added that the application also included a request for the indication of provisional measures as South Africa requested the ICJ to indicate provisional measures to "protect against further, severe and irreparable harm to the rights of the Palestinian people" under the convention and to ensure "Israel's compliance with its obligations" under the same convention and "not to engage in genocide and to prevent and to punish genocide."

This is what went down after, according to the ICJ:

ICJ delivered its order on South Africa's request on January 26, 2024
Based on South Africa's request for additional provisional measures on February 12, 2024, the ICJ took a decision on February 16, 2024
After another request from South Africa on March 6, 2024, asking the court for an indication and/or modification of provisional measures of its January 26 order, the ICJ took a decision on March 28, 2024, indicating additional provisional measures
On May 10, 2024, South Africa filed again for the modification of provisional measures previously indicated by the ICJ and the indication of additional provisional measures
On May 16 and 17 the court held a public hearing on the May 10 request

So what does the request on May 10 include?

South Africa requested on May 10 that the International Court of Justice (ICJ) order to halt military operations in Gaza, and Rafah, in particular, ensuring the withdrawal of Israeli occupation forces from Rafah as part of measures to prevent genocide in Gaza in its ongoing lawsuit against "Israel".

The published ICJ filings revealed that South Africa asked the court to order "Israel's" complete withdrawal from Rafah, the "last refuge" for the people of Gaza, as well as the allowance of unrestricted access to UN officials, organizations, journalists, investigators, and humanitarian aid into the Strip.

South Africa reiterated that "Israel" is killing Palestinian civilians while starving them by blocking humanitarian aid deliveries to the Gaza Strip. "Those who have survived so far are facing imminent death now, and an order from the Court is needed to ensure their survival," South Africa said in its filing.

It is worth noting that the ICJ failed to charge "Israel" with genocide but imposed a set of anti-genocide measures the occupation blatantly neglected.