ICJ Issues Order in South Africa v. Israel Focused on Israel’s Military Offensive in Rafah

On May 24, the International Court of Justice (ICJ) delivered its order on South Africa’s May 10 request for the modification and the indication for provisional measures in the case of South Africa v. Israel. The ICJ ordered Israel to “halt its military offensive and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part,” among other notable provisions. 

The case, submitted in December 2023 by South Africa, alleges that Israel violated the Convention on the Prevention and Punishment of the Crime of Genocide in its military operations in Gaza. The ICJ had previously issued two other orders containing provisional measures against Israel, on Jan. 26 and March 28. In the provisional measures issued on Jan. 26, the Court ordered Israel “to take all measures possible to prevent the commission of all acts under Article II of the Genocide Convention in relation to Palestinians in Gaza,” among other provisions. On March 28, the ICJ additionally 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,” amid worsening conditions in Gaza.

In the May 24 order, the Court indicated the following additional provisional measures against Israel under Article 41, by 13 votes to two:

1. Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part;
2. Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance;
3. Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide;
4. The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.
   

Judge Julia Sebutinde, vice president of the ICJ, and Judge ad hoc Aharon Barak, appended dissenting opinions to the ICJ’s order. Judges Georg Nolte, Bogdan-Lucian Aurescu, and Dire Tladi appended declarations to the order.

You can read the ICJ’s order here or below. Find also:

• The Dissenting Opinion of Vice-President Julia Sebutinde
• The Dissenting Opinion of Judge ad hoc Aharon Barak
• The Declaration of Judge Georg Nolte
• The Declaration of Judge Bogdan-Lucian Aurescu
• The Declaration of Judge Dire Tladi