The International Court of Justice has rejected South Africa’s application for an urgent interdict against an Israeli attack on nearly a million Palestinians sheltered in Rafah, the southern most city in Gaza.

It ruled its decision on January 26 was sufficient to stop Israeli aggression.

While some analysts say the ruling confirms SA foreign minister Naledi Pandor’s contention shortly after the intitial, successful application on January 26 that the order to protect Palestinians effectively meant Israel needed to still the guns, others say it is still clear Israel doesn’t see itself as bound by the court’s decisions.

Whether or not the court’s orders will be able to stay the Nazi state’s hand remains to be seen.

Here is the court’s latest order:

Application of the Convention on the Prevention and Punishment of the Crime of Genocide
in the Gaza Strip (South Africa v. Israel)
Decision of the Court on South Africa’s request for additional provisional measures
THE HAGUE, 16 February 2024. In the case concerning Application of the Convention on the
Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel),
the Court, having duly considered South Africa’s letter dated 12 February 2024 and Israel’s
observations thereon received on 15 February 2024, took the following decision, which was
communicated to the Parties today by a letter from the Registrar:
“The Court notes that the most recent developments in the Gaza Strip, and in
Rafah in particular, ‘would exponentially increase what is already a humanitarian
nightmare with untold regional consequences’, as stated by the United Nations
Secretary-General (Remarks to the General Assembly on priorities for 2024 (7 Feb.
2024)).
This perilous situation demands immediate and effective implementation of the
provisional measures indicated by the Court in its Order of 26 January 2024, which are
applicable throughout the Gaza Strip, including in Rafah, and does not demand the
indication of additional provisional measures.
The Court emphasizes that the State of Israel remains bound to fully comply with
its obligations under the Genocide Convention and with the said Order, including by
ensuring the safety and security of the Palestinians in the Gaza Strip.”
___________
History of the proceedings
On 29 December 2023, South Africa filed an Application instituting proceedings against Israel
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.
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The Application also contained 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 requested 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”.
Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional
measures shall have priority over all other cases”.
Public hearings on the request for the indication of provisional measures submitted by South
Africa were held on Thursday 11 and Friday 12 January. On 26 January 2024, the Court delivered
its Order on South Africa’s request.