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<a class="gmail-domain gmail-reader-domain" href="https://popularresistance.org/south-africa-institutes-proceedings-against-the-state-of-israel-for-genocide/">popularresistance.org</a>
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<h1 class="gmail-reader-title">South Africa Institutes Proceedings Against The State Of Israel</h1>
<div class="gmail-credits gmail-reader-credits">By the International Court of Justice.</div>
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<div class="gmail-reader-estimated-time" dir="ltr">December 29, 2023<br></div>
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<div class="gmail-moz-reader-content gmail-reader-show-element"><div id="gmail-readability-page-1" class="gmail-page"><div>
<img src="cid:ii_lqs9nsgh0" alt="2023-11-01T134508Z_1207619504_RC2A44ABEXFK_RTRMADP_3_ISRAEL-PALESTINIANS-SAFRICA-1024x683-1.jpg" width="440" height="293"><br><p>Above photo: <span>Demonstrators show support of Palestinians as they
march to the Cape Town City Hall in Cape Town, South Africa November 1,
2023. Nic Bothma/Reuters.</span></p>
<h2>And requests the Court to indicate provisional measures.</h2>
<p>The Hague, December 29, 2023 – South Africa today filed an
application instituting proceedings against Israel before the
International Court of Justice (ICJ), the principal judicial organ of
the United Nations, concerning alleged violations by Israel of its
obligations under the Convention on the Prevention and Punishment of the
Crime of Genocide (the “Genocide Convention”) in relation to
Palestinians in the Gaza Strip.</p>
<p>According to the Application, “acts and omissions by Israel . . . are
genocidal in character, as they are committed with the requisite
specific intent . . . to destroy Palestinians in Gaza as a part of the
broader Palestinian national, racial and ethnical group” and that “the
conduct of Israel — through its State organs, State agents, and other
persons and entities acting on its instructions or under its direction,
control or influence — in relation to Palestinians in Gaza, is in
violation of its obligations under the Genocide Convention”.</p>
<p>The Applicant further states that “Israel, since 7 October 2023 in
particular, has failed to prevent genocide and has failed to prosecute
the direct and public incitement to genocide” and that “Israel has
engaged in, is engaging in and risks further engaging in genocidal acts
against the Palestinian people in Gaza”.</p>
<p>South Africa seeks to found the Court’s jurisdiction on Article 36,
paragraph 1, of the Statute of the Court and on Article IX of the
Genocide Convention, to which both South Africa and Israel are parties.</p>
<p>The Application also contains a Request for the indication of
provisional measures, pursuant to Article 41 of the Statute of the Court
and Articles 73, 74 and 75 of the Rules of Court. The Applicant
requests the Court to indicate provisional measures in order to “protect
against further, severe and irreparable harm to the rights of the
Palestinian people under the Genocide Convention” and “to ensure
Israel’s compliance with its obligations under the Genocide Convention
not to engage in genocide, and to prevent and to punish genocide”.</p>
<p>Pursuant to Article 74 of the Rules of Court, “[a] request for the
indication of provisional measures shall have priority over all other
cases”.</p>
<p>The International Court of Justice (ICJ) is the principal judicial
organ of the United Nations. It was established by the United Nations
Charter in June 1945 and began its activities in April 1946. The Court
is composed of 15 judges elected for a nine-year term by the General
Assembly and the Security Council of the United Nations. The seat of the
Court is at the Peace Palace in The Hague (Netherlands). The Court has a
twofold role: first, to settle, in accordance with international law,
legal disputes submitted to it by States; and, second, to give advisory
opinions on legal questions referred to it by duly authorized United
Nations organs and agencies of the system.</p>
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