THE HAGUE, 24 May 2024. The International Court of Justice today delivered its Order on
the request for the modification and the indication of provisional measures submitted by South Africa
on 10 May 2024 in the case concerning Application of the Convention on the Prevention and
Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
In its Order, the Court:
“(1) By thirteen votes to two,
Reaffirms the provisional measures indicated in its Orders of 26 January 2024
and 28 March 2024, which should be immediately and effectively implemented;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,
Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(2) Indicates the following provisional measures:
The State of Israel shall, in conformity with its obligations under the Convention
on the Prevention and Punishment of the Crime of Genocide, and in view of the
worsening conditions of life faced by civilians in the Rafah Governorate:
(a) By thirteen votes to two,
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;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,
Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(b) By thirteen votes to two,
Maintain open the Rafah crossing for unhindered provision at scale of urgently
needed basic services and humanitarian assistance;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,
Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(c) By thirteen votes to two,
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;
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,
Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak;
(3) By thirteen votes to two,
Decides that 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.
IN FAVOUR: President Salam; Judges Abraham, Yusuf, Xue, Bhandari, Iwasawa,
Nolte, Charlesworth, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi;
AGAINST: Vice-President Sebutinde; Judge ad hoc Barak.”
https://www.icj-cij.org/homeFrom the ICJ website th e words 'hostages' and 'Hamas' do not appear in the text of the judgement.