South Africa Urgently Appeals to ICJ on Gaza Famine

Describing the situation in Gaza as “now so terrifying as to be unspeakable,” Pretoria is asking the World Court to take further measures to stop Israel’s genocide.

South Africa presenting its genocide case against Israel at the International Court of Justice at the Hague, Jan. 12, 2024. (ICJ, Wikimedia Commons, CC BY-SA 4.0)

By Pearls and Irritations

South Africa on Wednesday filed an urgent request with the International Court of Justice for the indication of additional provisional measures and the modification of the court’s order of 26 January 2024 and decision of 16 February 2024 in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), according to the ICJ in a March 6 press statement

In its request, South Africa states that it is

“compelled to return to the Court in light of the new facts and changes in the situation in Gaza — particularly the situation of widespread starvation — brought about by the continuing egregious breaches of the Convention on the Prevention and Punishment of the Crime of Genocide . . . by the State of Israel . . . and its ongoing manifest violations of the provisional measures indicated by this Court on 26 January 2024.”

It requests the court to indicate further provisional measures and/or to modify the provisional measures indicated in its order of 26 January 2024, pursuant to Article 41 of the Statute of the Court and Article 75, paragraphs 1 and 3, and Article 76, paragraph 1, of the Rules of Court, respectively, “in order urgently to ensure the safety and security of 2.3 million Palestinians in Gaza, including over a million children.” 

 

It urges the court to do so without holding a hearing, in light of the “extreme urgency of the situation.”

The situation in Gaza described by the ICJ as “perilous” on 16 February, “is now so terrifying as to be unspeakable… justifying — and indeed demanding — the indication of further provisional measures of protection,” argued South Africa.

South Africa’s has requested that the ICJ make the following additional provisional measures and modification to existing measures:

  1. “All participants in the conflict must ensure that all fighting and hostilities come to an immediate halt, and that all hostages and detainees are released immediately.
  2. “All Parties to the Convention on the Prevention and Punishment of the Crime of Genocide must, forthwith, take all measures necessary to comply with all of their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
  3. “All Parties to the Convention on the Prevention and Punishment of the Crime of Genocide must, forthwith, refrain from any action, and in particular any armed action or support thereof, which might prejudice the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts, or any other rights in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
  4. “The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza, by: (a) immediately suspending its military operations in Gaza; (b) lifting its blockade of Gaza; (c) rescinding all other existing measures and practices that directly or indirectly have the effect of obstructing the access of Palestinians in Gaza to humanitarian assistance and basic services; and (d) ensuring the provision of adequate and sufficient food, water, fuel, shelter, clothing, hygiene and sanitation requirements, alongside medical assistance, including medical supplies and support.
  5. “The State of Israel shall submit an open report to the Court on all measures taken to give effect to all provisional measures ordered by the Court to date, within one month as from the date of this Order.”

“Palestinian children are starving to death as a direct result of the deliberate acts and omissions of Israel — in violation of the Genocide Convention and of the Court’s Order. This includes Israel’s deliberate attempts to cripple the United Nations Relief and Works Agency (‘UNRWA’), on whom the vast majority of besieged, displaced and starving Palestinian men, women, children and babies depend for their survival,” write South Africa.

This article is from Pearls and Irritations.

11 comments for “South Africa Urgently Appeals to ICJ on Gaza Famine

  1. Joy
    March 7, 2024 at 18:46

    There must be a permanent ceasefire in Gaza in order to comply with the ICJ ruling. Not with Palestinians suffering under oppressive conditions, but as a place where all live with peace and equality. It is time for Pope Francis to do more than talk. He must go to Gaza and make a stand for peace and freedom.

    Please sign the petition and share widely. hxxps://chng.it/CRQ7qw4Gzn

    Code pink: Hold CNN Accountable for Enabling Genocide!

    Let us also support UNRWA. If our governments won’t act in accordance with humanity, then we will. hxxps://www.unrwausa.org/donate Let us do it to honor Aaron Bushnell, or in memory of Hind Rajab.

    Let us call for a No Fly-Zone over Gaza!

    These are a few small things we can do. If we can do more, let us do more.

  2. Voltaria Voltaire
    March 7, 2024 at 18:01

    South Africa, Yemen, Nicaragua, and Algeria have been putting the other countries to shame by their actions of respect for international laws against genocide. Every country should be attempting to treat the Palestinians how they themselves would wish to be treated under similar circumstances. The issue of the Palestinian children being held hostage for years in Israeli prisons without trial or charge, who are being tortured and starved, sexually abused, isolated and denied any family contact or visits, is kept away from public awareness or view due to undemocratic censorship issues in Israel. How many are there? Thousands? But it should turn any sane persons stomach. What if it was your child? Would you resist? Israel is not defending itself. It has killed its own hostages and civilians. No country should be using that argument of helping Israel to defend itself as an excuse to be supplying the criminal elements within it’s government, weapons. It is illegal to supply human rights abusers with weapons. Israel is clearly abusing human rights and has been since its’ inception. October 7th just brought this more to the worlds attention. It has never ceased to occupy and it has failed utterly in the legal obligations of an occupier, which is expected, because it has been an illegal occupation from the beginning. The world has been conned. The criminal factions in Israel have made the country very undemocratic and unsafe for Jews.

  3. gwb
    March 7, 2024 at 16:02

    I just read that the U.S. is proposing to build a floating pier off Gaza to bring in food aid by sea. Hmm – wouldn’t it make sense to get Israel to stop destroying Gaza first?

    • JonnyJames
      March 8, 2024 at 13:33

      Yes indeed. But it looks like an election-year stunt to make Genocide Joe look less evil. As we know, all the US has to do is not veto UNSC resolutions, cut off the weapons, and billions of dollars etc. and Israel would be brought to its knees very quickly.

      But Genocide Joe, and Congress are owned by the oligarchy, and the oligarchy approves of AIPAC and profits from US foreign policy. When DT regains power, it will be the same.

    • bobzz
      March 8, 2024 at 19:16

      Israel won’t let it happen. They will treat it like the USS Liberty—and the US will not say a word.

  4. Vera Gottlieb
    March 7, 2024 at 15:09

    As israel is doing now and so many times before…Hitler would not have paid any heed either.

  5. Al
    March 7, 2024 at 14:27

    After their nebulous and toothless genocide ruling, the ICJ has no credibility. If they do nothing now, then the institution doesn’t even deserve to exist and I speculate we’ll see the whole UN apparatus rapidly go the way of the League of Nations. As it stands, it probably should anyway.

    • Voltaria Voltaire
      March 7, 2024 at 18:16

      Al, there is more to know about this. Research a bit. Watch the Code Pink interview with Professor Francis Boyle, who successfully prosecuted a previous genocide. Countries may disrespect International law as Israel and others are currently doing, but that doesn’t mean we should get rid of International Law. We simply need more pressure and awareness to make human rights a reality for all. Rights fought for with blood, sweat and tears, shouldn’t be thrown away in an instant by criminally minded with something like the “Patriot” act, which probably no one even read before passing. Criminals don’t want human rights (as in the Universal Declaration of Human Rights) or sane laws that might restrict them in criminal enterprise.

  6. Francis Lee
    March 7, 2024 at 14:06

    The masses of starving women and children stood by as the IDF storm-troopers corralled them along them like sheep and cattle to the slaughter-house. This process also particularly involved mass death by actual starvation. But who is going to stop them? The brave soldiers of the IDF: the US, France, UK, Germany – in short the rest of Europe? Can the Euro bloc – i.e. the US and its proxies – be so callously indifferent to this grotesque spectacle? Apparently not – the bloodletting continues to flow.

  7. Em
    March 7, 2024 at 12:52

    It seems that the only cure for impotent lawfare in saving lives, is immedite warfare.
    This is the insane juncture at which the world has arrived, where the treatment will definitely be very much worse than the cure.
    But obviously, humanity has not, in fact yet figured out what acting rationally means: The age of ‘prevention is better than cure’ often attributed to the Dutch philosopher Desiderius Erasmus in around 1500, has not yet arrived. This adage of wisdom dates back even further in time to 460 BC the era of the physician Hippocrates, in Ancient Greece.
    It is not only bewildering to see have far man has descended in moral values, it is literally terrifying!

  8. Anon
    March 7, 2024 at 12:30

    Honored 2 be 1st 2 comment… (J Menadu bio research aided by CN quick ref thru INet… Tnx Both!)
    No one Earthwide likely unaware of Occupy Movement… Mr Menadu’s Aussie origin, publication (Pearls & Irritations) demos 2 this commenter some factors 4 poss future gratitude:
    1. Apparently not all (ex)Corp Elites w/o conscience…
    2. Tnx 2 INet (&CN) we anons need not be kept in the dark…
    3. Possibly J Assange controversy aids above…
    Tnx once more Mr Menadu, CN…

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