29 December 2023
APPLICATION INSTITUTING PROCEEDINGS
To the Registrar of the International Court of Justice, the undersigned, being duly authorised by the
Government of the Republic of South Africa, state as follows:
In accordance with Articles 36 (1) and 40 of the Statute of the Court and Article 38 of the Rules of
Court, I have the honour to submit this Application instituting proceedings in the name of the Republic
of South Africa (“South Africa”) against the State of Israel (“Israel”). Pursuant to Article 41 of the
Statute, the Application includes a request that the Court indicate provisional measures to protect the
rights invoked herein from imminent and irreparable loss.
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5. South Africa, mindful of the jus cogens character of the prohibition of genocide and the erga
omnes and erga omnes partes character of the obligations owed by States under the Genocide
Convention, is making the present application to establish Israel’s responsibility for violations of the
Genocide Convention; to hold it fully accountable under international law for those violations; and —
most immediately — to have recourse to this Court to ensure the urgent and fullest possible protection
for Palestinians in Gaza who remain at grave and immediate risk of continuing and further acts of
genocide.
6. In light of the extraordinary urgency of the situation, South Africa seeks an expedited hearing
for its request for the indication of provisional measures. In addition, pursuant to Article 74(4) of the
Rules of Court, South Africa requests the President of the Court to protect the Palestinian people in
Gaza by calling upon Israel immediately to halt all military attacks that constitute or give rise to
violations of the Genocide Convention pending the holding of such hearing, so as to enable any order
the Court may make on the request for the indication of provisional measures to have its appropriate
effects. To that end, the Court should order Israel to cease killing and causing serious mental and bodily
harm to Palestinian people in Gaza, to cease the deliberate infliction of conditions of life calculated to
bring about their physical destruction as a group, to prevent and punish direct and public incitement to
genocide, and to rescind related policies and practices, including regarding the restriction on aid and
the issuing of evacuation directives.
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