ICJ decision on South Africa’s request for additional provisional measures on South Africa v Israel (application of Genocide Convention)

On 16 February 2024, the International Court of Justice (ICJ) refused South Africa’s request for additional provisional measures to safeguard Rafah, Gaza amid Israel’s plans for a military offensive on the city. However, the ICJ stated that “the perilous situation demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures.”

The Court further emphasised that Israel “remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.”