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ICJ Orders Additional Provisional Measures in South Africa v. Israel

Tyler McBrien
Thursday, March 28, 2024, 3:11 PM

Referencing the worsening conditions and imminent famine in Gaza, the Court ordered Israel to ensure the provision of humanitarian assistance, among other measures. 

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On March 28, the International Court of Justice (ICJ) issued additional provisional measures in South Africa v. Israel, a case submitted in December 2023 by South Africa accusing Israel of violating the Genocide Convention over its actions in Gaza. The order follows South Africa’s March 6 request, which called on the Court to issue additional provisional measures, to modify its initial order from Jan. 26, or both

Noting “the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of ffamine and starvation,” the ICJ has unanimously ordered Israel to “[t]ake all necessary and effective measures to ensure, without delay” the “unhindered provision at scale” of basic services and humanitarian aid—including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation products, and medical supplies and care to the people of Gaza. 

With 15 votes in favor, and one against from Israeli Judge Aharon Barak, the ICJ also ordered Israel to “[e]nsure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group” under the Genocide Convention, “including by preventing, through any action, the delivery of urgently needed humanitarian assistance.” And the ICJ directed Israel to submit a report to the Court on all measures it has taken to comply, which passed along the same voting lines. Israel has one month from March 28 to issue this report. The new order also reaffirms the provisional measures of Jan. 26

Read the order here, or below:


Tyler McBrien is the managing editor of Lawfare. He previously worked as an editor with the Council on Foreign Relations and a Princeton in Africa Fellow with Equal Education in South Africa, and holds an MA in international relations from the University of Chicago.

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