against case, which has been brought against israel by south africa. the justices will be convening shortly in the court and will be running later on today and whether it believes israel has potentially committed genocide. this is a provisional ruling i am joined in the studio byjeremy bowen. we really do stress provisional ruling. what exactly does that mean? it provisional ruling. what exactly does that mean?— provisional ruling. what exactly does that mean? it means that they are auoin does that mean? it means that they are going to — does that mean? it means that they are going to talk— does that mean? it means that they are going to talk about _ does that mean? it means that they are going to talk about this - does that mean? it means that they are going to talk about this case, i are going to talk about this case, they decide to hear it, through the next couple of years perhaps. but under the way that they operate, they can mandate that there are some immediate measures that could be taken, provisional measures as they are known, and that starts with the suspension of military operations in and around gaza and as well allow

access to humanitarian aid, those are some of the eight points that the south africans have asked in all of this. so it doesn't say, if they grant that, and they might not, if they grant it, doesn't mean that the court has decided that israel will be guilty of genocide. it means that they have decided that south africa has made a plausible case that needs to be discussed and that these things need to happen. and while countries are meant to follow what the icj does and it is the un's highest court and it is set up to settle disputes between countries. they are not talking about hamas here, they are not saying a decision to make it binding on hamas because hamas is not estate. so they will come up with these readings and then politically —— rulings, even though israel may want to keep fighting, it sent continues to be difficult for

the allies to keep supporting them as they have. you the allies to keep supporting them as they have-— as they have. you are watching ictures as they have. you are watching pictures from _ as they have. you are watching pictures from the _ as they have. you are watching pictures from the international| pictures from the international court ofjustice, you can see the justices and the people in a court standing there. this is the icj at the peace palace in the hague. these are the justices walking in, there are the justices walking in, there are 17 permanentjustices, plus one representative from south africa and one from israel. this is a case brought by south africa against israel with south africa accusing israel with south africa accusing israel of committing genocide. in its action in gaza. of course, that military action by israel since the hamas attacks of the 7th of october. we are debating hearing to start in italy and in the justices will issue their provisional ruling, potentially at some point —— imminently. we will continue following with this story. jeremy

ballin, our international editor is with me. ——jeremy bowen. you mention that a proper reading are takers on the two years? yes. mention that a proper reading are takers on the two years?- mention that a proper reading are takers on the two years? yes, it is a lona takers on the two years? yes, it is a long process- — takers on the two years? yes, it is a long process. it— takers on the two years? yes, it is a long process. it is— takers on the two years? yes, it is a long process. it is not _ takers on the two years? yes, it is a long process. it is not a - takers on the two years? yes, it is a long process. it is not a court - a long process. it is not a court that delivers instant results but what this does do is give a indication as to their thinking and as to the veracity and credibility of the case that south africa has brought. of the case that south africa has brou~ht. ,, , _ ~ brought. submitted by south africa in the case concerning _ brought. submitted by south africa in the case concerning application l in the case concerning application of the _ in the case concerning application of the convention on the prevention and punishment of the crime of genocide — and punishment of the crime of genocide in the gaza strip. south africa _ genocide in the gaza strip. south africa versus israel. judge robinson, he duly participated in both the — robinson, he duly participated in both the deliberation and the final vote, _ both the deliberation and the final vote, instant reasons made known to me, vote, instant reasons made known to me. unable _ vote, instant reasons made known to me, unable to take his seat on the bench _ me, unable to take his seat on the bench today. i would like to welcome

the eminent rep sensed editors of the eminent rep sensed editors of the republic of south africa and the state of _ the republic of south africa and the state of israel, who are in the great — state of israel, who are in the great hall_ state of israel, who are in the great hall ofjustice today. i recognise the presence of her excellency, mr lady pandora, the minister— excellency, mr lady pandora, the minister of— excellency, mr lady pandora, the minister of international relations and cooperation of the republic of south _ and cooperation of the republic of south africa. i recall that on the 29th— south africa. i recall that on the 29th of— south africa. i recall that on the 29th of december 2023, south africa failed _ 29th of december 2023, south africa failed in _ 29th of december 2023, south africa failed in the registry of the court, an application constituting alleged violations in the gaza strip, other obligations under the convention on the prevention and punishment of the crime _ the prevention and punishment of the crime of— the prevention and punishment of the crime of genocide. to which i shall refer— crime of genocide. to which i shall refer as _ crime of genocide. to which i shall refer as the — crime of genocide. to which i shall refer as the genocide convention of the convention. south africa contained a request for the measures, cementing two reference of article _ measures, cementing two reference of article 41— measures, cementing two reference of article 41 of _ measures, cementing two reference of article 41 of the statute and article — article 41 of the statute and article 70 three, 74 and 35 of the rutes— article 70 three, 74 and 35 of the rules of— article 70 three, 74 and 35 of the rules of court. in accordance with

the usual— rules of court. in accordance with the usual practice, i shall not read the usual practice, i shall not read the introductory paragraphs of the order_ the introductory paragraphs of the order which set out the procedural history— order which set out the procedural history of— order which set out the procedural history of the case. i shall also omit _ history of the case. i shall also omit or— history of the case. i shall also omit or summarise some other paragraphs. i shall therefore begin the reading of the order at paragraph 13. in the order, the court _ paragraph 13. in the order, the court begins by recalling the immediate context in which the present— immediate context in which the present case came before it. it observes— present case came before it. it observes that on seven october 2023, hamas— observes that on seven october 2023, hamas and _ observes that on seven october 2023, hamas and other armed groups present in the _ hamas and other armed groups present in the gaza _ hamas and other armed groups present in the gaza strip carried out an attack— in the gaza strip carried out an attack on — in the gaza strip carried out an attack on israel, killing more than 1200 _ attack on israel, killing more than 1200 persons, injuring thousands and abducting _ 1200 persons, injuring thousands and abducting some 240 people. many of whom _ abducting some 240 people. many of whom continue to be held hostage. following _ whom continue to be held hostage. following this attack, israel launched a large—scale military operation — launched a large—scale military operation in gaza by land, air and sea _ operation in gaza by land, air and sea which— operation in gaza by land, air and sea. which is causing massive civilian— sea. which is causing massive civilian casualties, extensive

destruction of civilian infrastructure and the displacement of the _ infrastructure and the displacement of the overwhelming majority of the population in gaza. the court is acutely— population in gaza. the court is acutely aware of the extent of the human _ acutely aware of the extent of the human tragedy that is unfolding in the region— human tragedy that is unfolding in the region and is deeply concerned about— the region and is deeply concerned about the — the region and is deeply concerned about the continuing loss of life and human suffering. the ongoing conflict _ and human suffering. the ongoing conflict in — and human suffering. the ongoing conflict in gaza has been addressed in the _ conflict in gaza has been addressed in the framework of several organs and specialised agencies of the united — and specialised agencies of the united nations. in particular, reservations have been adopted by the general assembly must pretty councit— the general assembly must pretty council of— the general assembly must pretty council of the united nations. referring to many aspects of the conflict — referring to many aspects of the conflict. the scope of the present case _ conflict. the scope of the present case submitted to the court is limited — case submitted to the court is limited. south africa has instituted these _ limited. south africa has instituted these proceedings under the genocide convention. the court then turns to the conditions needed to be fulfilled in order for it to indicate provisional measures for supper— indicate provisional measures for supper with respect to the question of, supper with respect to the question of. the _ supper with respect to the question of, the court observes that it may

indicate _ of, the court observes that it may indicate provisional measures, only if the _ indicate provisional measures, only if the measures rely on the applicant in relation, but it need not satisfy— applicant in relation, but it need not satisfy itself in a definitive matter— not satisfy itself in a definitive matter that hasjurisdiction not satisfy itself in a definitive matter that has jurisdiction as regards — matter that has jurisdiction as regards the merits of the case. in the present case, south africa seeks to found _ the present case, south africa seeks to found the direction of the court on article — to found the direction of the court on article 46 paragraph one of the statute _ on article 46 paragraph one of the statute of— on article 46 paragraph one of the statute of the court and in article nine _ statute of the court and in article nine of— statute of the court and in article nine of the — statute of the court and in article nine of the genocide convention. the court _ nine of the genocide convention. the court must _ nine of the genocide convention. the court must therefore first determine whether— court must therefore first determine whether those provisions prima facie confer— whether those provisions prima facie confer upon — whether those provisions prima facie confer upon tradition the case, enabling — confer upon tradition the case, enabling it the other necessary conditions are fulfilled, to indicate _ conditions are fulfilled, to indicate provisional measures. article — indicate provisional measures. article nine of the genocide convention provides, i quote, disputes— convention provides, i quote, disputes between the contracting parties. — disputes between the contracting parties, relating to the interpretation, application or fulfilment of the present convention, including those relating to the _ convention, including those relating

to the responsivity of estate genocide offer any other acts name rated _ genocide offer any other acts name rated in _ genocide offer any other acts name rated in article three shall be limited — rated in article three shall be limited to the international court ofjustice — limited to the international court ofjustice at the request of any of the parties in the dispute, end of quote _ the parties in the dispute, end of quote. south africa and israel are both parties to the genocide convention and neither of them has entered _ convention and neither of them has entered a _ convention and neither of them has entered a reservation to article nine _ entered a reservation to article nine or— entered a reservation to article nine or any— entered a reservation to article nine or any other provision of the convention — nine or any other provision of the convention. the court then recalls that article — convention. the court then recalls that article nine of the genocide convention makes itsjurisdiction convention makes its jurisdiction conditional on convention makes itsjurisdiction conditional on the existence of a dispute — conditional on the existence of a dispute leading to the application of fulfilment of the convention. is a discriminant on a point of law or fact, _ a discriminant on a point of law or fact, conflict — a discriminant on a point of law or fact, conflict of legal views or interest— fact, conflict of legal views or interest between parties. in order for a _ interest between parties. in order for a dispute to exist, it must be shown— for a dispute to exist, it must be shown that — for a dispute to exist, it must be shown that the claim of one party positively — shown that the claim of one party positively opposed by the other. the two sides— positively opposed by the other. the two sides must hold clearly opposite views, _ two sides must hold clearly opposite views, concerning the question of

the performance or nonperformance of certain _ the performance or nonperformance of certain international obligations. to determine whether a dispute exist in the _ to determine whether a dispute exist in the present case, the court cannot— in the present case, the court cannot limit itself to noting that one of— cannot limit itself to noting that one of the convention applies, well the limit _ one of the convention applies, well the limit while the other denies it. the court — the limit while the other denies it. the court must also ascertain the present— the court must also ascertain the present of— the court must also ascertain the present of the proceedings whether it it is _ present of the proceedings whether it it is that— present of the proceedings whether it it is that the complainant by the applicant — it it is that the complainant by the applicant are capable with falling within— applicant are capable with falling within the scope of that convention. the court _ within the scope of that convention. the court recalls that the purposes of deciding whether a dispute existed — of deciding whether a dispute existed between the parties at the time of— existed between the parties at the time of the filing of the application, takes into account in particular— application, takes into account in particular any statements of documents exchanged between the parties _ documents exchanged between the parties as— documents exchanged between the parties as well as any exchanges made _ parties as well as any exchanges made in — parties as well as any exchanges made in own collateral settings. in so doing. — made in own collateral settings. in so doing. at— made in own collateral settings. in so doing, at a special attention to

the document, its intended addressee and its _ the document, its intended addressee and its content. it is a matter of substance, _ and its content. it is a matter of substance, not a question of formal procedure — substance, not a question of formal procedure. the court notes that south _ procedure. the court notes that south africa issued public statements in various multilateral and bilateral settings, in which it expressed — and bilateral settings, in which it expressed its view that in light of the nature, scope and extent of his job's _ the nature, scope and extent of his jobs for— the nature, scope and extent of his job's. for instance, at the resumed emergency— job's. for instance, at the resumed emergency special session of united nations— emergency special session of united nations general assembly on of december 23, nations general assembly on of december23, at nations general assembly on of december 23, at which israel was represented. the south african representative to united nations stated _ representative to united nations stated that, i quote, the events of the past _ stated that, i quote, the events of the past six — stated that, i quote, the events of the past six weeks in gaza have illustrated that israel is acting contrary— illustrated that israel is acting contrary to its obligations in terms of the _ contrary to its obligations in terms of the genocide convention, end of

quote _ of the genocide convention, end of quote. south africa recalled the statement on its note of 21 december 23, to— statement on its note of 21 december 23, to the _ statement on its note of 21 december 23, to the embassy of israel and pretoria — 23, to the embassy of israel and pretoria. the court notes that israel — pretoria. the court notes that israel dismissed any acquisitions genocide — israel dismissed any acquisitions genocide in the conflict in gaza in a document published by the israel ministry— a document published by the israel ministry of foreign affairs on 6th of december23, ministry of foreign affairs on 6th of december 23, which was subsequently updated and reproduced on the _ subsequently updated and reproduced on the website of the israel defence forces _ on the website of the israel defence forces on _ on the website of the israel defence forces on the 15th of december 23, under— forces on the 15th of december 23, under the — forces on the 15th of december 23, under the title, the war against hamas. — under the title, the war against hamas, answering the most pressing questions. _ hamas, answering the most pressing questions, stating that, i quote, the activation of genocide against israel— the activation of genocide against israel is _ the activation of genocide against israel is not only wholly unfounded as a matter of fact and law, it is morally— as a matter of fact and law, it is morally mug hadn't —— repugnant, end of quote _ morally mug hadn't —— repugnant, end of quote was _ morally mug hadn't —— repugnant, end of quote was up israel also stated that, _ of quote was up israel also stated that, i_ of quote was up israel also stated that, i quote, the excision genocide is not _ that, i quote, the excision genocide is notjust_ that, i quote, the excision genocide is notjust legally that, i quote, the excision genocide is not just legally and factually incoherent, it is obscene and that there _ incoherent, it is obscene and that there was— incoherent, it is obscene and that there was no valid basis in fact or

law for— there was no valid basis in fact or law for the — there was no valid basis in fact or law for the outrageous charge of genocide, — law for the outrageous charge of genocide, end of quote. in light of the, the _ genocide, end of quote. in light of the, the court considers that the parties _ the, the court considers that the parties appear to hold clearly opposite views as to whether certain acts or— opposite views as to whether certain acts or omissions allegedly committed by israel in gaza amount to violations by the latter of its obligations under the genocide convention. the court finds that the aforementioned elements are sufficient at this stage to establish prima facie, existence of a dispute — establish prima facie, existence of a dispute between the parties relating — a dispute between the parties relating to the interpretation, application of ultimate of the genocide convention. as to whether the acts— genocide convention. as to whether the acts and omissions are played of by the _ the acts and omissions are played of by the app _ the acts and omissions are played of by the app could appear to be capable — by the app could appear to be capable of falling within the provisions of the genocide convention, the court recalls that of africa — convention, the court recalls that of africa considers israel to be responsible for committing genocide in gaza _ responsible for committing genocide in gaza and for failing to prevent and punish — in gaza and for failing to prevent and punish genocidal acts. south

africa _ and punish genocidal acts. south africa contends that israel has also violated _ africa contends that israel has also violated other obligations under the genocide _ violated other obligations under the genocide convention, including those concerning _ genocide convention, including those concerning conspiracy to commit genocide, — concerning conspiracy to commit genocide, direct and public incitement to genocide, attempted genocide _ incitement to genocide, attempted genocide and complicity in genocide. at the _ genocide and complicity in genocide. at the present stage of the proceedings, the court does not required — proceedings, the court does not required to ascertain whether any violations— required to ascertain whether any violations of israelnot obligations under— violations of israelnot obligations under the genocide convention have occurred _ under the genocide convention have occurred. such a finding could only be made _ occurred. such a finding could only be made by— occurred. such a finding could only be made by the court at the stage of the examination of the merits of the present— the examination of the merits of the present case. at the stage of making an order— present case. at the stage of making an order on _ present case. at the stage of making an order on the request for an indication— an order on the request for an indication of provisional measures, the courts— indication of provisional measures, the courts task is to establish whether— the courts task is to establish whether the acts and omissions capable, — whether the acts and omissions capable, complained of by the applicant, appear to be capable of falling _ applicant, appear to be capable of falling within the provisions of the genocide — falling within the provisions of the genocide convention. in the courts view, _ genocide convention. in the courts view, at _ genocide convention. in the courts view, at least some of the acts and omissions — view, at least some of the acts and omissions led by south africa have been _ omissions led by south africa have been committed by israel in gaza appear—

been committed by israel in gaza appear to — been committed by israel in gaza appear to be capable of falling within— appear to be capable of falling within the provisions of the convention. in light of the following, the court concludes that prima _ following, the court concludes that prima facie, it hasjoe's decision —— jurisdiction to entertain the case — —— jurisdiction to entertain the case given _ —— jurisdiction to entertain the case. given this conclusion, the court _ case. given this conclusion, the court considers that it cannot seat israel's _ court considers that it cannot seat israel's request case be removed from _ israel's request case be removed from the — israel's request case be removed from the generalist. the court has next to— from the generalist. the court has next to the — from the generalist. the court has next to the question of standing of south _ next to the question of standing of south africa. court notes that the respondent did not challenge the standing — respondent did not challenge the standing of the applicant in the present— standing of the applicant in the present proceeding. in the case concerning application of the convention of the prevention of punishment of the crime of genocide, the gambia _ punishment of the crime of genocide, the gambia the mark, when the gentle dimensionals also invoked, the court observed _ dimensionals also invoked, the court observed that all states parties to the convention of common interest to ensure _ the convention of common interest to ensure the _ the convention of common interest to ensure the prevention and punishment of genocide, by contenting themselves to fulfilling the

obligations in the convention. it implies— obligations in the convention. it implies that the obligations in question are owed by any state party to all the _ question are owed by any state party to all the other state parties to relevant — to all the other state parties to relevant convention. the obligations, and a sense that each state _ obligations, and a sense that each state party has an interest in compliance with them in any given case~ _ compliance with them in any given case the — compliance with them in any given case. the common interest in compliance, the relevant obligations under— compliance, the relevant obligations under the _ compliance, the relevant obligations under the genocide convention, any state _ under the genocide convention, any state party— under the genocide convention, any state party is entitled to invoke response — state party is entitled to invoke response plenty of another state party _ response plenty of another state party for — response plenty of another state party for alleged breach of its obligations. accordingly, the court found _ obligations. accordingly, the court found that — obligations. accordingly, the court found that any state party to the genocide — found that any state party to the genocide convention may invoke a responsibility of another state party, — responsibility of another state party, including through the institution of proceeding through the court — institution of proceeding through the court. with a view to determining the allegedly failure to comply— determining the allegedly failure to comply with its obligations under the convention and to bring failure to the _

the convention and to bring failure to the end — the convention and to bring failure to the end. the court concludes prima _ to the end. the court concludes prima facie _ to the end. the court concludes prima facie at that south africa has standing _ prima facie at that south africa has standing to submit to it the dispute with israel— standing to submit to it the dispute with israel concerning alleged violations of obligations under the genocide — violations of obligations under the genocide convention. the court then turns— genocide convention. the court then turns to _ genocide convention. the court then turns to the — genocide convention. the court then turns to the question of the rights, whose _ turns to the question of the rights, whose protection is sought and the link between such rights and the measures— link between such rights and the measures requested. it recalls that its power— measures requested. it recalls that its power to indicate provisional measures— its power to indicate provisional measures under article 41 of the statute — measures under article 41 of the statute has as its object the preservation of the rose text —— respect — preservation of the rose text —— respect of— preservation of the rose text —— respect of rights. it follows that the court — respect of rights. it follows that the court might be concerned to preserve — the court might be concerned to preserve by such measures the rights which _ preserve by such measures the rights which may— preserve by such measures the rights which may subsequently be judged by it to belong to either party. therefore, the court may exercise this power— therefore, the court may exercise this power only if it is satisfied but they— this power only if it is satisfied but they are at least plausible. and the stage _

but they are at least plausible. and the stage in the proceedings, the court _ the stage in the proceedings, the court is _ the stage in the proceedings, the court is not — the stage in the proceedings, the court is not called upon to determine definitively whether the rights _ determine definitively whether the rights of— determine definitively whether the rights of south africa wishes to seek— rights of south africa wishes to seek protective exist, you need only decide _ seek protective exist, you need only decide whether the rights claimed by south _ decide whether the rights claimed by south africa and for which it seeks protection — south africa and for which it seeks protection, plausible. a link must evist— protection, plausible. a link must exist between the rights the protection is sought and the provisional measures in question. the court — provisional measures in question. the court recalls that in accordance with article — the court recalls that in accordance with article one of the convention, all states— with article one of the convention, all states parties thereto have undertaken to prevent and punishment the crime _ undertaken to prevent and punishment the crime of— undertaken to prevent and punishment the crime of genocide. article two provides— the crime of genocide. article two provides that, quote, genocide means any of— provides that, quote, genocide means any ofthe _ provides that, quote, genocide means any of the following acts committed within _ any of the following acts committed within intent to destroy a national, ethnical. _ within intent to destroy a national, ethnical, religious or racial group. a. ethnical, religious or racial group. a, killing — ethnical, religious or racial group. a, killing members of the group,

considering that it meant causing serious _ considering that it meant causing serious harm to the group, see, tending — serious harm to the group, see, tending to— serious harm to the group, see, tending to bring about its destruction, d, e, falsely transferring children of the group to another group. and of quote. pursuant — to another group. and of quote. pursuant to article three of the genocide — pursuant to article three of the genocide convention, the following axles _ genocide convention, the following axles of _ genocide convention, the following axles of painted by the convention, concerted _ axles of painted by the convention, concerted to commit genocide, direct and public— concerted to commit genocide, direct and public incitement to commit genocide — and public incitement to commit genocide, attempt to commit genocide and composite in genocide. the provisions— and composite in genocide. the provisions of the convention and tended — provisions of the convention and tended to — provisions of the convention and tended to protect the members of national. — tended to protect the members of national, ethnical, racial or religious— national, ethnical, racial or religious group from acts of genocide or any other punishable acts any— genocide or any other punishable acts any rate in article three. the court _ acts any rate in article three. the court considers that there is a coloration— court considers that there is a coloration between the rights of members of grapes protected under the generation that it —— genocide

convention — the generation that it —— genocide convention. the right of any state party _ convention. the right of any state party to _ convention. the right of any state party to seek compliance. as the court _ party to seek compliance. as the court has — party to seek compliance. as the court has stated in other cases, in order— court has stated in other cases, in order for— court has stated in other cases, in order for axe to fall within the scope — order for axe to fall within the scope of— order for axe to fall within the scope of article two of the convention, the intent must be to destroy— convention, the intent must be to destroy at— convention, the intent must be to destroy at least a substantial part of a particular group. this is demanded the very nature of the crime _ demanded the very nature of the crime of— demanded the very nature of the crime of genocide, since the object and purpose of the convention as a whole _ and purpose of the convention as a whole is _ and purpose of the convention as a whole is to— and purpose of the convention as a whole is to prevent the intentional destruction of grapes, the targeted must be _ destruction of grapes, the targeted must be significant enough to have an impact— must be significant enough to have an impact on the group as a whole. the palestinians appear to constitute a distinct national ethnical. _ constitute a distinct national ethnical, racial or religious group and hence — ethnical, racial or religious group and hence a protected group within the meaning of article two of the genocide — the meaning of article two of the genocide convention. the court observed — genocide convention. the court observed that according to the united — observed that according to the united nations resources, the palestinian population in the gaza strip comprises over 2 million people — strip comprises over 2 million people. palestinians in the gaza

strip— people. palestinians in the gaza strip form — people. palestinians in the gaza strip form a substantial part of the protected — strip form a substantial part of the protected group. the court notes that the — protected group. the court notes that the military operation being conducted by israel following the attack _ conducted by israel following the attack of — conducted by israel following the attack of seven october 2023 has resulted — attack of seven october 2023 has resulted in a large number of deaths and injuries— resulted in a large number of deaths and injuries as well as massive destruction of homes, the forcible displacement of the mass majority of the population, and extensive damage to civilian _ the population, and extensive damage to civilian infrastructure. while figures — to civilian infrastructure. while figures relating to the gaza strip cannot— figures relating to the gaza strip cannot be — figures relating to the gaza strip cannot be independently verified, recent— cannot be independently verified, recent information indicates that 25,700 — recent information indicates that 25,700 palestinians have been killed — 25,700 palestinians have been killed. over 63,000 injuries have been _ killed. over 63,000 injuries have been reported, over 360 housing units _ been reported, over 360 housing units have — been reported, over 360 housing units have been destroyed or partially— units have been destroyed or partially damaged and approximately 1.7 partially damaged and approximately 17 million— partially damaged and approximately 1.7 million persons have been internally— 1.7 million persons have been internally displaced. the court takes — internally displaced. the court takes note in this regard of the statement by the united nations

undersecretary general for humanitarian affairs and emergency relief— humanitarian affairs and emergency relief cult— humanitarian affairs and emergency relief cult leader, mr martin griffiths, on five january 23. i quote — griffiths, on five january 23. i quote, gaza has become a place of death— quote, gaza has become a place of death and — quote, gaza has become a place of death and despair. families are sleeping — death and despair. families are sleeping in the open as damages plummet — sleeping in the open as damages plummet. areas where civilians were told to _ plummet. areas where civilians were told to relocate their safety have come _ told to relocate their safety have come under bombardment. medical facilities _ come under bombardment. medical facilities are under relentless attack — facilities are under relentless attack. public disaster is unfolding. gaza has simply become uninhabitable. its people are witnessing daily threats to their very existence while the world watches — very existence while the world watches on. end of quote. following the north— watches on. end of quote. following the north gaza, the world health organization reported that as of 21 is a quote — organization reported that as of 21 is a quote, an unprecedented 93% of the population of gaza is facing crisis _ the population of gaza is facing crisis levels of hunger with insufficient food and high levels of malnutrition. end of quote. the

court _ malnutrition. end of quote. the court further notes the statement issued _ court further notes the statement issued by— court further notes the statement issued by the commissioner general of the _ issued by the commissioner general of the united nations relief and works— of the united nations relief and works agency for palestinian in the middle _ works agency for palestinian in the middle east, or unrwa, i quote, it has been _ middle east, or unrwa, i quote, it has been 100 days since the devastating war started, killing and displacing people in gaza, following the horrific attacks that hamas and other _ the horrific attacks that hamas and other groups carried out against people — other groups carried out against people in— other groups carried out against people in israel for the pit has a 100 days — people in israel for the pit has a 100 days of ordeal and anxiety voltages— 100 days of ordeal and anxiety voltages and their families. in the past 100 — voltages and their families. in the past 100 days, same abutment across the gaza _ past 100 days, same abutment across the gaza strip caused the massive deployment of the population that is in a state _ deployment of the population that is in a state of flux, constantly uprooted _ in a state of flux, constantly uprooted and forced to leave overnight, only to move to places which _ overnight, only to move to places which are — overnight, only to move to places which are just as unsafe. there war affected _ which are just as unsafe. there war affected more than 2 million people, the entire _

affected more than 2 million people, the entire population of gaza. many will carry— the entire population of gaza. many will carry lifelong scars, both physical _ will carry lifelong scars, both physical and psychological. the majority, — physical and psychological. the majority, including children, are deeply— majority, including children, are deeply traumatised. overcrowded and unsanitary— deeply traumatised. overcrowded and unsanitary in unrwa shelters have become _ unsanitary in unrwa shelters have become home to more than 1.4 million people _ become home to more than 1.4 million people they— become home to more than 1.4 million people. they like everything, from food, _ people. they like everything, from food, to— people. they like everything, from food, to hide into privacy for supper— food, to hide into privacy for supper people live in an he made conditions. — supper people live in an he made conditions, where diseases are spreading. they live through the unlivable — spreading. they live through the unlivable, with the clock ticking fast toward famine. the plight of children— fast toward famine. the plight of children within gaza is especially heartbreaking. an entire generation of children— heartbreaking. an entire generation of children is traumatised and will take years — of children is traumatised and will take years to heal. thousands have been _ take years to heal. thousands have been killed — take years to heal. thousands have been killed and orphaned. hundreds of thousands of deprived of education. the feature is in jeopardy— education. the feature is in jeopardy with far reaching and long lasting _ jeopardy with far reaching and long lasting consequences. their future. the unrwa commissioner general also stated _ the unrwa commissioner general also stated that the crisis in gaza i

quote — stated that the crisis in gaza i quote, confounded by dehumanising language _ quote, confounded by dehumanising language, and of quote. in this regard, — language, and of quote. in this regard, the court has taken note of the number— regard, the court has taken note of the number of statements made by senior— the number of statements made by senior israeli officials. it calls attention— senior israeli officials. it calls attention in particular to the following. on nine october 2023, mr yo have _ following. on nine october 2023, mr yo have gland, defence minister of israel. _ yo have gland, defence minister of israel, ordered a complete siege of gaza city— israel, ordered a complete siege of gaza city and that there would be no electricity. _ gaza city and that there would be no electricity, no food and that everything was closed. in the following day, the minister stated, speak— following day, the minister stated, speak and — following day, the minister stated, speak and israeli troops on the gaza border, _ speak and israeli troops on the gaza border, i_ speak and israeli troops on the gaza border, i quote, speak and israeli troops on the gaza border, iquote, i speak and israeli troops on the gaza border, i quote, i have released or restraints, — border, i quote, i have released or restraints, you saw what we are fighting — restraints, you saw what we are fighting against, we are fighting human— fighting against, we are fighting human animals, this is the isis of gaza, _ human animals, this is the isis of gaza, this — human animals, this is the isis of gaza, this is _ human animals, this is the isis of gaza, this is what we are fighting against — gaza, this is what we are fighting against. gaza will return to what it was before —— gaza won't return.

there _ was before —— gaza won't return. there will— was before —— gaza won't return. there will be _ was before —— gaza won't return. there will be no hamas. we will eliminate — there will be no hamas. we will eliminate everything. if it doesn't take one — eliminate everything. if it doesn't take one day, it will take a week, week— take one day, it will take a week, week or— take one day, it will take a week, week or even months will reach all places— week or even months will reach all places the — week or even months will reach all places the end of quote. on 12 october— places the end of quote. on 12 october 23, places the end of quote. on 12 october23, mr places the end of quote. on 12 october 23, mr isaac hertzog, president of israel, referring to gaza, _ president of israel, referring to gaza, i— president of israel, referring to gaza, i quote, we are working, operating, _ gaza, i quote, we are working, operating, militarily, according to of international law, unequivocally. it is an _ of international law, unequivocally. it is an entire nation out there that— it is an entire nation out there that is— it is an entire nation out there that is responsible. it is not true to spread — that is responsible. it is not true to spread -- _ that is responsible. it is not true to spread —— the of civilians not aware — to spread —— the of civilians not aware not _ to spread —— the of civilians not aware, not involved. it is aptly not true _ aware, not involved. it is aptly not true they — aware, not involved. it is aptly not true. they could have written up, they— true. they could have written up, they could — true. they could have written up, they could have fought against that evil regime but we are at war. we are defending our homes, we are protecting — are defending our homes, we are protecting our homes. that is the truth _ protecting our homes. that is the truth. imagination protects its home — truth. imagination protects its home it — truth. imagination protects its home, it fights and we will fight until— home, it fights and we will fight until we — home, it fights and we will fight until we break the backbone. end of quote _ until we break the backbone. end of quote on— until we break the backbone. end of quote. on 30 october 23, mr israel

cut, then _ quote. on 30 october 23, mr israel cut, then minister of energy and in the structure of israel, stated on x, the structure of israel, stated on x. for— the structure of israel, stated on x. for me — the structure of israel, stated on x, for me twitter, i quote, we will fight _ x, for me twitter, i quote, we will fight the _ x, for me twitter, i quote, we will fight the terrorist organisation hamas— fight the terrorist organisation hamas and destroyed. all this video publishing _ hamas and destroyed. all this video publishing gaza in order leave immediately. we will win —— civilian population— immediately. we will win —— civilian population full stop they will not receive — population full stop they will not receive a — population full stop they will not receive a drop of water or single battery— receive a drop of water or single battery until they leave the world. end of— battery until they leave the world. end of quote. the court also takes note of— end of quote. the court also takes note of the — end of quote. the court also takes note of the press release of 16th november 23, note of the press release of 16th november23, issued by 37 note of the press release of 16th november 23, issued by 37 special repertories, independent expert and members _ repertories, independent expert and members of working groups part of the special procedures of the united nations— the special procedures of the united nations human rights council in which _ nations human rights council in which they voiced alarm over, quite, discernibly— which they voiced alarm over, quite, discernibly genocidal in a stirring rhetoric— discernibly genocidal in a stirring rhetoric coming from senior israeli government officials. end of quote. in addition — government officials. end of quote. in addition, on 27th october 2023, the united — in addition, on 27th october 2023, the united nations committee on the

elimination of racial dissemination observed — elimination of racial dissemination observed that it was highly concerned about the high element sharp— concerned about the high element sharp increase of racist speech and demonisation directed towards pressing — demonisation directed towards pressing in since seventh october. in the _ pressing in since seventh october. in the court— pressing in since seventh october. in the court was matthew, the aforementioned facts and circumstances are sufficient to conclude — circumstances are sufficient to conclude that at least some of the rights _ conclude that at least some of the rights claimed by south africa and for which — rights claimed by south africa and for which it is seeking protection of plausible. this is the case with respect _ of plausible. this is the case with respect to— of plausible. this is the case with respect to the right of palestinians in gaza _ respect to the right of palestinians in gaza to — respect to the right of palestinians in gaza to be protected from acts of genocide _ in gaza to be protected from acts of genocide and related prohibited acts identified in article three on the right— identified in article three on the right of— identified in article three on the right of south africa to seek israel's _ right of south africa to seek israel's compliant with the latter is obligations under the convention full stop— is obligations under the convention full stop the court then turns the condition— full stop the court then turns the condition of the link between the plausible — condition of the link between the plausible rights claimed by some africa _ plausible rights claimed by some africa and the provisional measures requested — africa and the provisional measures requested. it contains is that by their— requested. it contains is that by their very— requested. it contains is that by their very nature, requested. it contains is that by theirvery nature, and in requested. it contains is that by their very nature, and in some of their very nature, and in some of the provisional measures sought by south _

the provisional measures sought by south africa are aimed at preserving the plausible rights on the basis of the plausible rights on the basis of the genocide convention, in the present— the genocide convention, in the present case, namely the right of the palestinians in gaza to be protected by acts of genocide and related _ protected by acts of genocide and related papers acts mentioned in article _ related papers acts mentioned in article three and the right of south africa _ article three and the right of south africa to _ article three and the right of south africa to seek israel's compliance of the _ africa to seek israel's compliance of the operations under the convention. therefore, a link exists between _ convention. therefore, a link exists between the rights claimed by some africa _ between the rights claimed by some africa that _ between the rights claimed by some africa that the courts has found to be plausible and at least some of the provisional measures requested. the court _ the provisional measures requested. the court turns next to the question of risk— the court turns next to the question of risk of— the court turns next to the question of risk of irreparable prejudice and urgency _ of risk of irreparable prejudice and urgency it — of risk of irreparable prejudice and urgency. it notes that present article _ urgency. it notes that present article 41— urgency. it notes that present article 41 of the statute, it has the power— article 41 of the statute, it has the power to indicate provisional measures— the power to indicate provisional measures when prejudice could be caused _ measures when prejudice could be caused to— measures when prejudice could be caused to rights which are the subject— caused to rights which are the subject of proceedings. when the alleged _ subject of proceedings. when the alleged disregard of such rights

might— alleged disregard of such rights might entail irreparable consequences was up however, the power— consequences was up however, the power of— consequences was up however, the power of the court indicate measures will only— power of the court indicate measures will only be _ power of the court indicate measures will only be exercised if there is urgency— will only be exercised if there is urgency in— will only be exercised if there is urgency in the sense that there is a real and _ urgency in the sense that there is a realand imminent risk urgency in the sense that there is a real and imminent risk that irreparable jets will be caused to the rights — irreparable jets will be caused to the rights claimed before the court gives— the rights claimed before the court gives its— the rights claimed before the court gives its final decisions. the condition— gives its final decisions. the condition of urgency is met when the acts susceptible of causing irreparable prejudice can occur at any moment before the court makes a final decision on the case was at the court — final decision on the case was at the court must therefore decide whether— the court must therefore decide whether a risk exists at this age in the proceedings. the court is not called _ the proceedings. the court is not called upon for purposes of its decision— called upon for purposes of its decision on the request for the indication— decision on the request for the indication of provisional measures to establish the existence of breaches of applications and the genocide — breaches of applications and the genocide convention. but to determine whether the circumstances required. _ determine whether the circumstances required, the indication provisional measures— required, the indication provisional measures come up with the protection of rights _ measures come up with the protection of rights under that instrument. as a ready— of rights under that instrument. as a ready noted, the court cannot at this stage — a ready noted, the court cannot at this stage make definitive findings

of fact— this stage make definitive findings of fact on— this stage make definitive findings of fact on the right of each party to support — of fact on the right of each party to support arguments with respect to the merits— to support arguments with respect to the merits remained unaffected by the merits remained unaffected by the court's — the merits remained unaffected by the court's decision on the request of the _ the court's decision on the request of the provisional measures. genocide is the right of existence to entire — genocide is the right of existence to entire groups. such denial of the film to entire groups. such denial of the right of— to entire groups. such denial of the right of existence shocks the conscience of mankind, results in the great — conscience of mankind, results in the great losses to humanity and is contrary— the great losses to humanity and is contrary to — the great losses to humanity and is contrary to moral law and to the spirit _ contrary to moral law and to the spirit and — contrary to moral law and to the spirit and aims of the united nations _ in view of the fundamental values expected — in view of the fundamental values expected to be defended by the genocide convention, the plausible

rights _ genocide convention, the plausible rights connected in this