International Court of Justice rejects South Africa’s request for additional measures to protect Palestinians in Gaza

By Annette Gartland on February 17, 2024

The International Court of Justice (ICJ) has rejected South Africa’s request for additional measures to protect Palestinians in Gaza.

The ICJ responded to South Africa yesterday (February 16), stating that the “perilous situation” in Gaza did not demand the indication of additional provisional measures.

The situation demanded immediate and effective implementation of the provisional measures indicated by the court in its order of January 26, the ICJ said.

“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 …,” the ICJ said.

“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 ICJ added: “The Court emphasizes 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.”

South Africa said it welcomed the ICJ’s decision.

“The court affirms our view that the 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, and has clarified that this includes Rafah,” South Africa said in a statement issued by its presidency.

South Africa noted the ICJ’s reference to the comments of the UN secretary-general and added:

“The court has accepted:

1. That Israel’s planned incursions in Rafah would render what is already a humanitarian disaster even more perilous.

2. The situation requires compliance with the existing provisional measures.

3. Compliance with the existing provisional measures requires the protection of civilians in Gaza including Rafah.”

South Africa added: “The court has unequivocally explained that compliance with the existing provisional measures requires Israel to ensure the safety and security of all Palestinians in the Gaza Strip.

“Any decision by Israel to engage in military activities against Palestinians in the current circumstances is a violation of the order of the International Court of Justice.”

South Africa said it would continue to use existing channels such as the United Nations Security Council “to ensure full and effective implementation of the existing provisional measures”.

Human rights attorney in the United States Noura Erakat tweeted that the ICJ’s most recent decision was “profoundly disappointing”.

The court had affirmed the severity of the harm endured by Palestinians “& its promise 2 worsen”, Erakat tweeted, but it had simply doubled down on its measures ordered on January 26: the same ones that Israel had “flagrantly violated” for two weeks.