Provisional measures

SEPARATE OPINION OF JUDGE NOLTE
Preconditions for the modification of an order on provisional measures under Article 76 of the Rules of Court  Modification as a form of implementation of an earlier provisional measure  Whether change of the situation in the Gaza Strip since 26 January 2024 justifies the modification.
1. I agree with the present Order. Given the current horrific situation of the Palestinians in the Gaza Strip, raising any apparently technical legal issues now may seem out of place. However, I will do so in the interest of the Court’s future practice.

JOINT DECLARATION OF JUDGES XUE, BRANT, GÓMEZ ROBLEDO AND TLADI
1. In this Order, the measures indicated in subparagraph (2) are the key part of the dispositif. Although we all voted in favour of subparagraph (2) (b) of the dispositif, we deeply regret that this measure does not directly and explicitly order Israel to suspend its military operations for the purpose of addressing the current catastrophic humanitarian situation in Gaza.

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2024/26
28 March 2024
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) The Court indicates additional provisional measures

DECLARATION OF JUDGE YUSUF
Change in the situation in Gaza justifies new measures –– Palestinian deaths by disease and starvation, not only bombardment and ground assaults –– Indicia of genocide require preservation of the right of existence of the group –– Prevention is the only effective way to preserve this right ––Court’s measures involve obligations of result to prevent genocide –– Such obligations can only be met by suspending military operations in Gaza –– Time to respect binding measures and end atrocities.

DECLARATION OF PRESIDENT SALAM
[Original English Text]
1. I voted in favour of each of the operative parts of the Court’s Order in the present case and I agree with the entirety of the reasoning followed by the Court to reach its conclusions.

28 MARS 2024
ORDONNANCE
APPLICATION DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE DANS LA BANDE DE GAZA (AFRIQUE DU SUD c. ISRAËL)
___________
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA v. ISRAEL)
28 MARCH 2024
ORDER
TABLE OF CONTENTS
Paragraphs
CHRONOLOGY OF THE PROCEDURE 1-10
I. GENERAL OBSERVATIONS 11-23
II. CONDITIONS FOR THE INDICATION OF PROVISIONAL MEASURES 24-40
III. CONCLUSION AND MEASURES TO BE ADOPTED 41-49

1
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF
THE CRIME OF GENOCIDE IN THE GAZA STRIP (SOUTH AFRICA V. ISRAEL)
URGENT REQUEST AND APPLICATION FOR THE INDICATION OF ADDITIONAL
PROVISIONAL MEASURES AND THE MODIFICATION OF THE COURT’S PRIOR
PROVISIONAL MEASURES DECISIONS PURSUANT TO ARTICLE 41 OF THE STATUTE
OF THE INTERNATIONAL COURT OF JUSTICE AND ARTICLES 75 AND 76 OF THE
RULES OF COURT OF THE INTERNATIONAL COURT OF JUSTICE
INTRODUCTION

1
OBSERVATIONS OF THE STATE OF ISRAEL ON THE REQUEST FILED BY THE REPUBLIC OF SOUTH
AFRICA ON 6 MARCH 2024 FOR THE INDICATION OF ADDITIONAL PROVISIONAL MEASURES
AND/OR THE MODIFICATION OF MEASURES PREVIOUSLY INDICATED
1 INTRODUCTION
1. On 6 March 2024, the Republic of South Africa (“South Africa”) made its third request
for provisional measures within the span of less than ten weeks. Not only is this fresh request
highly unusual in its timing, so close to the earlier requests, but it is also unusual in its bellicose

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2024/22
15 March 2024
Proceedings instituted by Nicaragua against Germany on 1 March 2024 Request for the indication of provisional measures Public hearings to be held on Monday 8 and Tuesday 9 April 2024

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2024/19
1 March 2024
The Republic of Nicaragua institutes proceedings against the Federal Republic of Germany and requests the Court to indicate provisional measures