South Africa has once again approached the International Court of Justice (ICJ) for the provisional measures the court ordered on 26 January 2024 to be strengthened.

Pretoria said the application is to prevent a catastrophic famine in the Gaza Strip. 

“The urgent application has been necessitated by widespread starvation in Gaza, which has claimed the lives of at least 15 children in the past week alone, with the actual numbers believed to be much higher. 

“United Nations experts warn that the number of deaths will increase exponentially unless military activities are halted and the blockade is lifted,” read a statement from the presidency. 

South Africa has now called for the indication or modification of several provisional measures related to the ongoing conflict. 

The requested actions include an immediate cessation of all fighting and hostilities, the prompt release of hostages and detainees, and the compliance of all parties to the Convention on the Prevention and Punishment of the Crime of Genocide with their obligations.

Additionally, South Africa urged the parties to refrain from any actions that may undermine the rights of Palestinians in Gaza to be protected from genocide and related prohibited acts. 

The State of Israel is specifically called upon to take swift and effective measures, including suspending military operations in Gaza, lifting the blockade, and revoking any hindrances to Palestinians’ access to humanitarian assistance.

Furthermore, Israel is required to provide urgently needed basic services and humanitarian aid, addressing issues like famine and adverse living conditions in Gaza. This entails ensuring access to food, water, fuel, shelter, clothing, hygiene, sanitation, and medical assistance. 

Lastly, the state of Israel must submit an open report to the Court within one month detailing the actions taken to implement all ordered provisional measures up to the present date.

In the application, South Africa wants all fighting and hostilities to come to an immediate halt, all hostages and detainees are released immediately, all parties to comply with the Convention on the Prevention and Punishment of the Crime of Genocide must.

“The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address famine and starvation and the adverse conditions of life faced by Palestinians in Gaza.

“By immediately suspending its military operations in Gaza, lifting its blockade of Gaza, rescinding all other existing measures and practices that directly or indirectly have the effect of obstructing the access of Palestinians in Gaza to humanitarian assistance and basic services,” added the statement. 

In addition, the application wants Israel to submit an open report to the Court on all measures taken to give effect to all provisional measures ordered by the Court to date, within one month as from the date of this Order. 

Pretoria also highlighted that Tel Aviv has continuously shown contempt for the court and its order issued on 26 January.

“Regrettably, Israel has not complied with the Court’s binding Order, but has instead escalated its genocidal acts against the Palestinian people. 

On 15 February 2024, following a letter to the Court from South Africa in response to Israel’s threatened assault on Rafah, the Court reminded Israel that “the perilous situation [in Rafah] demands immediate and effective implementation of the provisional measures indicated” by it on 26 January 2024, which included Israel’s obligation to ensure ‘the safety and security of the Palestinians in the Gaza Strip,” added the statement. 

More than 30 000 Palestinians have been killed in the past five months, scores are missing, and millions have been displaced.

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