and towns, this book, shops in libraries have been damaged or destroyed on to hundreds of teachers. and academics have been code including deans of universities and leading calistin in scholars obliterating the very prospect for the future education of guys as children and young people. notably, the court has found positional measures to be justified in all 3 cases where they were previously so in relation to violations of the genocide convention. it did so in boston, in serbia, in 1993 finding on the basis of evidence that was sent to me no more compelling the not present presently before the court. that it was sufficient to determine that there was an approach, a grave risk of acts of genocide being committed to court town provisional measures to be justified in the gambia, myanmar case on the basis of a risk of a rep for blood pressure, dis the rowing get subject to coach mass killings as well as beating the

destruction of villages and homes. denial of access to food, shelter, and other essentials. his life more recently in indicating provisional measures in ukraine, russia, the court consider that russia's minutes activities had approach resulted in numerous civilian deaths and injuries, and cause significant material damage, including the destruction of buildings and infrastructure. and quote, giving rise to a risk is a reputable punch it is. the court has regard to the fact that approach attacked to run going and are creating increasingly difficult living conditions for the civilian population. and quote, project considered to be extremely vulnerable to the core to so consider the fact that i quote again, many persons have no access to the most basic food stuffs, possible water, electricity,

essential medicines or heating money. we're attempting to sleep under extremely insecure conditions. this is occurring in gaza on a much more intensive scale to the siege tract. terrified population that has no for our safety, though less the country be suggested. it is clear from your brain, russia, that the fact that the urgent risk of irreparable harm arise in any situation of armed conflict does not to undermine much less preclude request for provisional measures. that's also clear from the court. so the judgements. so in the case of armed activities on the territory of the congo, for example, the court ordered provisional measures based on its finding that approach person's assets and resources present on the taxi of the congo, particularly in the area of conflict,

remain extremely vulnerable. and that there was a serious risk that writes the tissue in the case, may suffer a rep for blood pressure. it is an quote. similarly, in costa rican, incorrect us. the court indicates a pretty provisional measures imparts on the basis that the presence of fruits and the disputed turn 3 gave rise. i quote, to a real and present risk of incidents liable to pause ever media behind in the form of bodily injury or death. and quote, in relation to the genocide convention in particular, the court records in gum, the me on my, that quote, states parties expressly confirmed their willingness to consider. genocide is a crime under international law. which stainless, present and punish, independently of the context of peace or of more input should takes place and

quote more recently in the case of diana venezuela. the court considered that the sears risk of venezuela poach, acquiring and exercising control and administration of the territory and dispute and quote, gave rise to a risk of a rep for blood pressure. this to the right to started in the case. similar factors are an issue here having regard to the territory lung patients. i'm system and plans for guys being that raised by members of the israeli government. and the relationship of those factors to the very survivor of palestinians in gaza as such . similarly, any scaling outs by israel, of access of humanitarian leave to gaza in response to these proceedings or otherwise would be no answer to south africa's request for provisional measures.

in the case of around united states, the court found a risk of irreparable harm from the exposure, as in individuals to danger, to have some nice post by restrictions placed on medicines and medical devices, food stuff, and other goods required for humanitarian needs. that was not withstanding the assurances offered by the united states for it to expedite the consideration of humanitarian issues. and not withstanding the fact, the dissent shows were in any event exempt from the united nation, the united states sanction. so the court considered that the assurance says, were i quote, not adequate to address. clearly the humanitarian and safety con, concerns raised. and that, that remained a risk that measures adopted by in the united states may in test a rep for the consequences. in armenia, azerbaijan unilateral undertakings to alleviate restrictions,

restrictions alongside the full resumption of humanitarian. uncommercial deliveries did not defeat to request for the indication of provisional measures. the court was clear, the contributing quote, towards mitigating the imminent risk is a reputable prejudice resulting from the ministry operation. those developments did not remove the risk entirely. indeed, in georgia, russia, the court made clear that it considers a serious risk to subsist where approach the situation is on stable and could rapidly change. the court considered quotes, given the ongoing tension on the absence of an overall settlement to the conflict in this region. populations also remain phone number and quote, israel continues to deny that it is responsible for the humanitarian price. it is,

it has created even as guys as stars. the agent has belatedly begun to allow in, is wholly inadequate. and does not come anywhere close to the average $500.00 truck being permitted daily before october, the before october, trench $23.00, even under the blockade as any unilateral undertakings is where i might seek to gaze about future. rage would not remove the risk of a wreck to the prejudice. not nice considering isabel's past, and current conduct towards the palestinian people, including the 16 years of rich with siege on. gotcha. in any event, as the united nation sexy general has made absolutely clear it is a mistake to measure it quotes the effectiveness of the humanitarian operation in guys a based on the number of trucks allowed in c stressed. i quote,

the real problem is that the way is read is conducting this offensive means that the conditions for the effective delivery of humanitarian aid no longer exist. that would require security staff system work and safety, logistical capacity, and the resumption of commercial activity. it requires electricity and study communications. all of these remain absent and quote, indeed only shortly after as road opened, the korean shows i'm crossing to goods. in late december 2023. it was struck in a drone of time, killing 5 palestinians and leading to another temporary close, you know where nobody is safe. as the united nation secretary, secretary general and all is chiefs have made clear without

a heart to isabel's minutes. the operations crossings age convoys as a monetary and worst case, like everyone and everything else and guys to remain at imminent risk of further rep for blood pressure. it is an unprecedented $148.00 united nation staff has been killed to date without to hold to his resume minutes, the activity and gases that will be no end to the extreme situation facing palestinian civilians. madam president, members at the court. if the indication of provisional measures was justified on the facts in those cases i have cited. how could it not be here in a situation of much greater severity, for the imminent risk of irreparable harm is so much greater. how could they

not be justified in a situation that humanitarian veterans from crises spent spending as far back as the killing fields of cambodia, people who in the words of the united nations secretary general have seen everything. if they say, it says so actually unprecedented that they are out of words to describe it. it would be a complete departure from the long and established line of jurisprudence that this court has firmly established. and recently we confirmed for the court not to order provisional measures, in this case, the imminent risk of death, time and disruption, the palestinians in guy's face today, and that they risk every day during the pendency of these proceedings. on any view justifies, indeed compose the indications of provisional measures. some might say that the very reputation of international law,

its ability and willingness to bind and to protect all peoples equally hangs in the balance. but the genocide convention is about much more than legal precedent. it is also fundamentally about the confirmation and endorsement of elementary principles of morality of the court records. the 1946 general assembly resolution on the crime of genocide, which make clear that a quote, genocide is a denial of the right to the existence of entire human groups. as homicide is a denial of the right to live of individual human beings. such denial of the rights of existence shops, the conscience of mankind, results in great losses to humanity in the form of culture and of the contributions represented by the human groups and this country tomorrow,

and to the spirit and aims of the united nations and folk. notwithstanding the genocide conventions recognition of the need to rid the world to be oh, just scourge of genocide. the international community has repeatedly faint. it's fades. the people of rwanda has had the bosnian people and they're growing yes, prompting this court to take action. it says again by ignoring the early warnings, the brave risk of genocide to the palestinian people, surrounded by international experts since 19th of october of last year. the international community continues to fail, the palestinian people, despite the overt dehumanizing genocide directory by israeli government, and the military officials matched by the israeli army actions on the ground. despite the horror of the genocide against the palestinian people being live

streamed from gaza to our mobile phones, computers and television screens. the 1st genocide in history where its victims are broadcasting their own destruction in real time, in the desperate so far vain hope that the world might do something. a child that represents nothing short to the morrow's failure, as described by the universe, usually section inspect international committee of the red cross. as underscored by united nations cheese that failure has, i quote, repercussions not just for the people of gaza, but for the generations to come to will never forget these over 90 days of have on the so on the most basic precepts of humanity as states and by united nations spokes person and gas it last week at the site to the hospital,

clearly marked with the symbol of the read present. for 5 palestinians, including a 5 day old baby, had just been killed. the world should be absolutely horrified. the world should be absolutely outraged. there is no safe space in gaza, and the words should be ashamed. madam president, members of the court. in conclusion, i share with you to photograph. the 1st is have a fright gorge at your hospital in northern gazda. one of the many palestinian hospitals targeted, besieged and bombed by his read over the course of the past 3 brief 2 months. the white board is white, clean is no longer possible surgical cases, leaving only a 100 message by mid sounds on frontier dr. which reads,

we did what we could remember us. the 2nd photograph is of the same fight board after news really strikes on the hospital on the 21st of november, the code, the author of the message, dr. mac moved about new jayla. along with 2 of his colleagues a just over a month later, and a powerful salmon delivered from a church in bethlehem. on christmas day. the same day, israel had killed 250 palestinians, including at least 86 people. many from the same family must occurred in a single strikes on mcgasey refuge account. palestinian pastor, missouri east had addressed his congregation on the words and he said, and i quote gaz as we know it no longer exists. this isn't an i elation. this is

a genocide we will arise. we will stand up again from the midst of destruction as we have always done is palestinians. so this is by far, maybe the biggest blow we have received. but he said, no apologies will be accepted after the genocide. what has been done has been done . i want you to look in the mirror and ask, where was i? when guys are, was going through a genocide. south africa is here. before this court in the peace palace. it has done before to coach. it is doing force it can by initiating these proceedings by simple entering measures against itself, as well as against his rent south africa, now respectfully and humbly pulls on this on river court to do for it is in its

power to do to indicate the provisional measures that are so i shouldn't be required to prevent further rep for behind to the palestinian people in guys whose hopes, including for that very survivor are now invested in this quote. madame, that's not even president members of the coach or i should like to thank to feel kind of attention. i asked to call professor low k c to the podium. now to describe the provisional measures sold by south africa on behalf of the palestinian people. i think mr. new relic today now invite professor vaughan low to address the court. you have the for

president, members of the court. it's a privilege to appear before you don't know what to do. so on behalf of the republic of south africa, this case has brought under article 9 of the genocide convention, which in titles any contracting biology to the conventional to submit to the court . disputes relating to the interpretation application, also filament. the convention the court does not at this stage have to determine whether or not israel has or has not acted concrete to interpretations under the genocide convince that could only be done at the marriage stage. it's concerned now only with the question of luck. provisional measures are required, pending the court's final decision on the merits. the quotes jurisprudence points

$25.00 requirements for the ordering of provisional measures. the 1st is the should be privacy, she jurisdiction. and that was addressed by professor duco. the 2nd is that there should be a link between the missions requested and the rights on the line. the main claim for this requirement just plainly satisfied of the measures requested in order to search. israel does not violate the very right secured by the genocide convention. as such of inside is that for it goes up to cation. the 3rd is so you prose dependency of the rights that are claimed. professor duplex, he explained that this is clearly satisfied. the rites claimed very cool is to convince you know,

to believe the rights not to be killed will seriously home. and the rise of the group not to be physically destroyed. full said the 5th of us beat a risk of irreparable prejudice, capable of arising prior to the final dissemination of the dispute. and it must be urgency. business drawing address those points. israel has for over 3 months, be matching new continuous siege and bombardment of garza over for most of the tea and duration. the can only be seen as an attempt to destroy gaza and its citizens. and this is publicly a searching that it will continue to do so you're aware of the scale of subjects and the scale of the destruction. and this is continuing

at this very vintage the court has said that quote, a states obligation to prevent genocide and the corresponding duty to act arise at the instance that the state loves off or should normally have learned of the existence of a serious risk. the genocide will be committed from that low, but don't woods is a state has available to it means like police or have a deterrent effect. on those suspect to the preparing genocidal. reasonably suspected of hovering specific attempt intent. it is a duty to make such use of those means as the circumstances permit and quit and that is what south africa is this done by making this application

in cases such as like all of a judge of this court has exercised its power to order provisional measures having regard to the impact nobility of provisional measures on the states, part two's to a case but also to the impact on the individuals directly affected. and so, rights is issued orders to restrain states from killing individuals in about alleged to violations and national and such as what south africa res, requesting off to bowls and $23000.00 individuals that already being killed in the siege and bump up bunch of casa, the overwhelming majority of some innocent men,

women ensure of the cold also issues orders to safe out the integrity of its proceedings and the efficacy of its final ruling in the boston new genocide case, for example, you would at the pol two's proof, not take any action. and ensure that no action is taken which may aggravate or extend to the existing dispute over the preventive tional punishment of the crime of genocide. or written the rich most difficult of solution and quote, without such nor aggravation or this, it was a real risk that the respondent will rush to complete its unruffled conduct before the quotes. final ruling that's written during the ruling and the quote relevant to south africa has

kept its application in this case, within the scope of the convent somewhere else, why your south africa does not seek any court order against how much this case concerns israel's actions in garza which is territory that's 3 weeks ago and resolution 2720. the un security council stressed is quote, an integral part of the territory occupied in 1967 and quote by israel as a code for them to stem thomas is not a state and cannot be a penalty to the genocide convince and cannot be appalled cheap to these proceedings to the, all of the bodies and processes that could address the questions of steps to be

taken in respect to past atrocities. that's a gauge of actors. and they have no doubt consider is what they should do. such as a matter of law under the convention, south africa cannot request an order from this court against commerce. secondly, south africa understands that those who violence constituents, genocide, acts of ethnic cleansing collective punishment. the targeting of civilians attacks on hospitals and other war crimes or a more full but they do not or ways violate the genocide convent genocide requires an intent to destroy it in whole or in part a national as the cool racial religious group. but the fact of

what his royalty is doing goes, are they also construct you will crime. so crimes against humanity is no defense. and no uh, to a charge of genocide. south africa said how to request for relief in paragraph 111. if it's application and it's request for professional measures in paragraph $140.00 for the reasoning behind the request, to subtract magic. the 1st 2 paragraphs of the provisional measures request cool for the suspension of israel's military operations in the gigs garza. these rails continue and go patient opperation in gaza since the 7th of october attack is the focus of this case. it is to look over his record. the fact that

south africa has condemned the 7th of october attack. he's well says the palestine of palestinians are not its target. is it? it's a mist to destroy how much the monks have continuous bombing flattening entire residential blocks and comforting of food and water, and electricity and communication was to an entire population. cannot credibly be argued to be a man hunt to members of how much it is an indiscriminate attack killings may me and tell arising the entire population of gaza with no regard to questions of innocence or guilt, obliteration the home of some cities in which they live. and destroying any

practical possibility that they have returned to make the homes of which the revel israel's actions both attract palestinians in gaza directly. but it also prevents humanitarian relief, reaching them listed in his face, death from continuing bombardment, some shootings, adams desks from starvation and disease which is even more indiscriminate. usually slow in recent years, the united states has said again, the fall to many civilians being killed. of the un secretary general and the un under secretary fee to meditate, or even a fast or the commission to general. let's see you in a really for works agency have a so to,

to the teachers imperative to hold military operations in order to enable the effective delivery of humanitarian relief and such as why south africa has requested an order for the immediate suspension of israel's military operations. in and against garza, it is the only way to secure the humanitarian response and avoid to get more unnecessary deaths and destruct. there is a point to emphasize its new use israel saying that it does whatever it can to minimize the death certificate. and then women and children, the use of 2000 pounds, combusting bottles and dumb bottoms in residential areas. and the relentless

bombardment of gaza and even of so called face areas to which palestinians have been directed by israel. tell another story. but that's the only point. it's not just a question of scale and indiscriminate killing. it's also a question of intent. if any mean to treat operation, no matter how carefully it's carried out is carried out pursuant to an intent to destroy a people in whole or in part. it violates that you need the genocide convention and it must stop. and that's why, oh, the treat operations capable of violating the genocide convention must 6 the request is for in order that both these re allow south africa are in accordance

with their obligations under the genocide convention in relation to the palestinian people take or.