• South Africa instituting proceedings against Israel before the Internat

    From Steve Hayes@21:1/5 to All on Thu Jan 4 17:31:23 2024
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    29 December 2023


    Press Release


    No. 2023/77

    THE HAGUE, 29 December 2023. South Africa today filed an application instituting proceedings against Israel before the International Court
    of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations by Israel of its obligations under the
    Convention on the Prevention and Punishment of the Crime of Genocide
    (the “Genocide Convention”) in relation to Palestinians in the Gaza

    According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite
    specific intent . . . to destroy Palestinians in Gaza as a part of the
    broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other
    persons and entities acting on its instructions or under its
    direction, control or influence — in relation to Palestinians in Gaza,
    is in violation of its obligations under the Genocide Convention”.

    The Applicant further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute
    the direct and public incitement to genocide” and that “Israel has
    engaged in, is engaging in and risks further engaging in genocidal
    acts against the Palestinian people in Gaza”.

    South Africa seeks to found the Court’s jurisdiction on Article 36,
    paragraph 1, of the Statute of the Court and on Article IX of the
    Genocide Convention, to which both South Africa and Israel are

    The Application also contains a Request for the indication of
    provisional measures, pursuant to Article 41 of the Statute of the
    Court and Articles 73, 74 and 75 of the Rules of Court. The Applicant
    requests the Court to indicate provisional measures in order to
    “protect against further, severe and irreparable harm to the rights of
    the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention
    not to engage in genocide, and to prevent and to punish genocide”.

    Pursuant to Article 74 of the Rules of Court, “[a] request for the
    indication of provisional measures shall have priority over all other


    The Application instituting proceedings, which includes the Request
    for the indication of provisional measures, is available on the
    Court’s website.


    Note: The Court’s press releases are prepared by its Registry for
    information purposes only and do not constitute official documents.


    The International Court of Justice (ICJ) is the principal judicial
    organ of the United Nations. It was established by the United Nations
    Charter in June 1945 and began its activities in April 1946. The Court
    is composed of 15 judges elected for a nine-year term by the General
    Assembly and the Security Council of the United Nations. The seat of
    the Court is at the Peace Palace in The Hague (Netherlands). The Court
    has a twofold role: first, to settle, in accordance with international
    law, legal disputes submitted to it by States; and, second, to give
    advisory opinions on legal questions referred to it by duly authorized
    United Nations organs and agencies of the system

    Download Document Files: https://www.un.org/unispal/wp-content/uploads/2023/12/192-20231229-pre-01-00-en.pdf
    Document Type: Press Release
    Document Sources: International Court of Justice (ICJ)
    Country: Israel, South Africa
    Subject: Gaza Strip, Genocide
    Publication Date: 29/12/2023
    URL source: https://www.icj-cij.org/sites/default/files/case-related/192/192-20231229-pre-01-00-en.pdf

    Steve Hayes from Tshwane, South Africa
    Web: http://www.khanya.org.za/stevesig.htm
    Blog: http://khanya.wordpress.com
    E-mail - see web page, or parse: shayes at dunelm full stop org full stop uk

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