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Sitting of the International Court of Justice (ICJ) on the day of the trial to hear a request for emergency measures by South Africa, who asked the court to order Israel to stop its military actions in Gaza and to desist from what South Africa says are genocidal acts committed against Palestinians during the war with Hamas in Gaza, in The Hague on January 11 2024. Picture: REUTERS/Thilo Schmuelgen
Sitting of the International Court of Justice (ICJ) on the day of the trial to hear a request for emergency measures by South Africa, who asked the court to order Israel to stop its military actions in Gaza and to desist from what South Africa says are genocidal acts committed against Palestinians during the war with Hamas in Gaza, in The Hague on January 11 2024. Picture: REUTERS/Thilo Schmuelgen

In its application Thursday, SA will ask the International Court of Justice (ICJ) to “indicate provisional measures”: issue binding interim orders against Israel to suspend military operations in Gaza at once; stop killing and injuring Palestinians; and stop “deliberately inflicting conditions of life calculated to bring about [their] destruction”.

Israel has not submitted a written response to SA’s application. This is not a requirement now, but it will oppose the application at a provisional measures hearing set down for Thursday and Friday at the Peace Palace in The Hague.

The provisional measures hearing is the first part of SA’s case against Israel. Its bigger case, to be argued in due course, is that Israel violated the Genocide Convention in a number of ways. Israel is not only committing genocide in Gaza, a breach of article III (a) of the convention, it is also failing to prevent genocide in violation of article I; conspiring to commit genocide in violation of article III (b); directly and publicly inciting genocide in violation of article III (c); attempting to commit genocide in violation of article III (d); being complicit in genocide in violation of article III (e) and failing to punish genocide in violation of articles IV and V. 

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