ICJ demands Israel immediately implement its Gaza measure

The International Court of Justice (ICJ) said on Friday that it did not believe developments in the besieged and bombarded Gaza Strip warrant it to issue “additional provisional measures”, but “demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024”.

The decision came after South Africa argued, in a 12 February submission, that Israel’s potential operations in southern Gaza constitute a “significant development” that would warrant the court ordering provisional measures in addition to those that the ICJ ordered on 26 January.

“The South African government said it was gravely concerned that the unprecedented military offensive against Rafah, as announced by the State of Israel, has already led to and will result in further large-scale killing, harm and destruction. This would be in serious and irreparable breach both of the Genocide Convention and of the Court’s Order of 26 January 2024,” Pretoria said.

Israel submitted its observations on 15 February, with the ICJ issuing its decision the next day: “The Court notes that the most recent developments in the Gaza Strip, and in Rafah in particular, ‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences’, as stated by the United Nations Secretary-General.”

“This 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 emphasises that the State of 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.”

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