Kansainvälisen tuomioistuimen kuulemiset Etelä-Afrikan Israeliin kohdistaman joukkotuhontaa koskevan sopimuksen rikkomisväitteen johdosta

11.1.2024 | Oikeusuutiset

Markku Fredman

Proceedings instituted by South Africa against Israel on 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 Strip.

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 parties.

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”

Request for the indication of provisional measures

Schedule for the public hearings

The schedule for the public hearings on the Request for the indication of provisional measures submitted by South Africa on 29 December 2023 has been revised. The two sessions, which are due to take place on Thursday 11 and Friday 12 January 2024, have been extended by one hour, further to a request from Israel.

The revised schedule is as follows:

  • Thursday 11 January 2024 10 a.m.-1 p.m.: Oral argument (South Africa)
  • Friday 12 January 2024 10 a.m.-1 p.m.: Oral argument (Israel)

The hearings will be streamed live and on demand (VOD) in the two official languages of the Court, English and French, on the Court’s website and on UN Web TV. High-resolution video clips and still photos produced by the Registry during the hearings will be available free of charge and free of copyright for editorial, non-commercial use, on the Court’s website (to download, click on Multimedia) and X (formerly Twitter) feed (@CIJ_ICJ).

Press release 29.12.2023

Press release 10.12.2024


Inline Feedbacks
View all comments