Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) – The Court indicates additional provisional measures

On 28 March 2024, the International Court of Justice (ICJ) issued an order for the indication of provisional measures in addition to those issued in the Order of  26 January 2024 in the case concerning the ‘Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)’, in response to South Africa’s request from 6 March 2024.

The Cout stated that since 26 January 2024, the humanitarian situation in Gaza has deteriorated further and that Palestinians in Gaza are “no longer only facing a risk of famine… but that famine is setting in”. As such, the provisional measures indicated in the Order of 26 January 2024 “do not fully address the consequences arising from the changes in the situation”, thereby justifying the Court’s decision to modify these measures.

The additional provisional measures indicated inter alia emphasise the “worsening conditions…. faced by Palestinians in Gaza, in particular the spread of famine and starvation” and specify the basic services and humanitarian assistance to be provided by Israel, including “food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care”.