ICJ Order of 26 January 2024 — Provisional Measures, South Africa v. Israel
The International Court of Justice's first provisional measures order in the Genocide Convention case, finding South Africa's rights under the Convention plausible and ordering six measures, including the prevention of genocidal acts and the punishment of incitement.
On 26 January 2024, the International Court of Justice delivered its order on South Africa’s request for provisional measures in South Africa v. Israel. The Court rejected Israel’s request that the case be removed from the General List, held that it had prima facie jurisdiction under Article IX of the Genocide Convention, and found that “at least some of the rights claimed by South Africa and for which it is seeking protection are plausible” — namely the right of Palestinians in Gaza to be protected from acts of genocide and related prohibited acts, and South Africa’s right to seek compliance. In light of the catastrophic humanitarian situation in Gaza, the Court concluded there was a real and imminent risk of irreparable prejudice to those rights.
The Court ordered six provisional measures. By fifteen votes to two, Israel must (1) take all measures within its power to prevent the commission of acts within the scope of Article II of the Convention, and (2) ensure with immediate effect that its military does not commit any such acts. By sixteen votes to one, Israel must (3) take all measures within its power to prevent and punish the direct and public incitement to commit genocide, and (4) take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance. By fifteen votes to two, Israel must (5) take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts under Articles II and III of the Convention, and (6) submit a report to the Court on all measures taken within one month. Judges Sebutinde and Barak (ad hoc) voted against most measures.
Why it matters
- The first time the World Court found it plausible that a state’s conduct toward Palestinians could fall within the Genocide Convention — a binding order under international law, not a declaration.
- Established the plausibility threshold and the six-measure framework that the Court reaffirmed and expanded in its orders of 28 March and 24 May 2024.
- The vote counts (15–2 and 16–1) and the reasoning on incitement and humanitarian access are the baseline record against which compliance with every later order is measured.
Key resources
Cited work
The summary above is written by FALASTEEN.AI. The document itself is published by ICJ and is linked here in full.