the, the, the profiles right now and continues with all live pictures of the i, c j and the have. the international court of justice is a basically deliberating now on the south africa's word quest for a cease fire and gaza during the preliminary phase of its case, alleging genocide by israel life. but just for you, right, that from the hey, i'm protests in front of the us top cold ahead of the money shunted divided by the tone emergency measures demanded by for tory of these are also liked which is for you about plus 8 degree celsius on the south african the, the program here on the, on the international we are monitoring a essentially what is the top of the story today across that of the i. c. j.

deliberating on now the case being brought forward by south africa against israel. if the areas that occasions of genocide we are monitoring that for you at this moment. well for the meantime shall we shift to god. so i here on the program and join the correspondent john list of mohammed, not jape who is another, i'm all i what people are. i'm just the a waiting. what is a much anticipated voted, but what's it like? they're on the ground law firm of the people of domestic a. yeah, yes. motor as to what a 100 spanish see me, i guess a b or a promo. last a few holes to watch on. uh, yes, it is free in the kitchen of by c. j if this has been any, it has to go in the stop. i think i lost, which i guess is the, was the, the point that my and it seems, but it's like a priest and they hold back to the 4th would be 5 and say a lot of the students are still in it. there's also, but i don't know if it's just the one that they said in addition, they probably did to have to meet at the time. so what brought the 4 digit pin on

the person for much of the fire? they have the most kids off from the use of the vehicle, i guess. i mean usually just the bodies, but you also get the thousands of dollars with the lower $100.00 was there's a whole lot i've done with mohammed not g. thank you very much. thanks, but we did hear from locals from guys, are ahead of the international court of justice, hearing a, have a listen to their expectations on the zillow. we have know how to, even if the international court in the hague issues a resolution mandating is route to adopt the mascot and allow aid the when be implemented in reality because the united states and european countries will stand against it in favor of israel. we appreciate the south africa and on most name unknown error. the statement for presenting such a project would have been preferable for arable muslim countries present it to the international court, to condemn israel, globally and internationally. we allow them a lawyer to warrant gunfire,

and garza and the people of god to suffer from war and destruction. i hope people show compassion towards the people of gaza. surely this decision by the international court of justice will impact israel regardless of the cost as it claims to be a democratic state with knowledge. so we'll definitely have some effect of the, i don't believe is a palestinian, but much whole lives in today's decision from the hate court. because we've grown that custom to a world where justice, especially concerning israel and the united states is absent. it's a uni pulling world dominated solely by the united states. if there were to be a decision, it would have come from the start as the genocide of the people of god. so it has been ongoing for over a 100 and days and that the yeah, let's, let's just jump in quickly, sorry for interrupting the program here. and i'll ask you international, but you're looking at basically what, what are the opening of opening a judgments and statements here with all those in attendance as you well know, these are life pictures from the international court of justice at the hey,

it's just about to off the one p m that now today now as i hope you will be aware of us, south africa has basically created this hearing a south africa is accused israel of genocide. that's going to come later that could take years to investigate by the ways of today that going to do like a preliminary hearing to see if they can get a c spot implemented. and also to get she monetary in a, into the cause that enclave just for a moment. let's sitting. so listen in. the court meets today to deliver and open court decision on the request for indication of provisional measures submitted by south africa. and the case concerning application of the convention on the prevention and punishment of the crime of genocide in the gaza strip south africa versus israel. judge robinson, who duly participated in both the deliberation and the final vote is for reasons made known to me unable to take his seat on defense. today. i would like to welcome

the eminent representatives of the republic of south africa and the state of israel, or in the great hall and just say in particular, i recognize the presence of her excellency miss lady pond or minister of international relations and cooperation of the republic. of south africa, i recall that on 29 december 2023 south africa's filed in the registry of the court . an application instituting proceedings against israel. concerning alleged violations in the gaza strip of obligations under the convention on the prevention and punishment in the crime genocide to which i shall refer as the genocide convention for the convention of the application of south africa contained a request for the indication of provisional measures submitted with reference to article $41.00 of the statute and to articles $7374.75 of the rules of court. in accordance with the usual practice,

i shall not read the introductory paragraphs of the order which set out the procedural history of the case. i feel also omit or summarize some other paragraphs . i shall therefore begin the reading of the order of paragraphs 13 in the order. the court begins by recalling the immediate context in which the present case came before it. it observes that on 7 october 2023, a mouse and other arm groups present in the gaza strip. carried out and attacking israel, killing more than 1200 persons injuring thousands in abducting some 240 people. many of whom continue to be held hostage following this attack, israel launched a large scale military operation in gaza by land, air, and see which is causing massive civilian casualties. extensive destruction of

civilian infrastructure, and the displacement of the overwhelming majority of the population, gaza. the court is acutely aware of the extent of the human tragedy that is an unfolding in the region and is deeply concerned about the continuing loss of life and human suffering. the ongoing conflict in gaza has been addressed in the framework of several organs and specialized agencies of the united nations. in particular, reservations have been adopted by the general assembly and the security council of the united nations referring to many aspects of the conflict. the scope of the present case submitted to the course however, is limited. as 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. with respect to the question of previous agent jurisdiction, the court observes that it may indicate provisional measures only if the provisions

relied on by the applicant appear previous aisha to afford a basis on which its jurisdiction could be found. it but it need not satisfy itself in the definitive matter that it has jurisdiction as regards to the merits of the case. so, in the present case, south africa 6 to sounds the jurisdiction of the court. on article $36.00 paragraph, one of the statute of the court and on the article 9 of the genocide convention, the court must therefore 1st determine whether those provisions presentations, confer upon it jurisdiction to rule on the merits of the case, enabling it if the other necessary conditions are fulfilled to indicate provisional measures. article 9 of the genocide convention provides. i quote, disputes between the contracting parties relating to the interpretation application or fulfillment of the present convention. including those relating to the

responsibility of a state for genocide or for any of the other action. numerated in the article 3 shall be submitted to the international court of justice at the request of any of the parties to the dispute and of quote south africa and israel are both parties to the genocide convention. neither of them has entered a reservation to article 9 for any other position in the convention. the court then recalls that article 9 is the genocide convention makes its jurisdiction conditional on the existence of a dispute relating to the interpretation application or fulfillment of the convention. a dispute is a disagreement on a point of law, for fact, a conflict of legal views or of interest between parties in order for a dispute to exist, it must be shown that the claim of one party is positively opposed by the other. 2 sides must hold clearly opposite views concerning the question of their performance

for non performance of certain international obligations to determine whether a dispute exists in the present case. the court cannot limit itself to noting that one of the parties maintains that convention applies while the other denies. since south africa has invoked as a basis for the court's jurisdiction, the complimentary funds of the genocide convention. the court must also ascertain at the present stage of the proceedings whether it appears that the accidental missions complained of by the applicant or capable of falling within the scope of that convention. pressing on the chair of the court recalls that for purposes of deciding whether a dispute existing between the parties at the time of the filing of the application, it takes into account in particular, any statements or documents exchanged between the parties as well as any exchange is made in multilateral settings, in so doing the pay special attention to the author of the state mentor document

it's intended or actual addressing, and its contents. the existence of a dispute. as a matter for objective determination by the court. it is a matter of substance, not a question of form or procedure. the court notes that south africa issued public statements in various multilateral and bi lateral settings in which it expressed its view that the light of the nature scope and extent of israel's military operations in gaza. israel's actions amounted to violations of its obligations under the genocide convention. for instance, at the resumed 10th emergency special session of the united nations general assembly on 12 december 2023 at which israel was represented. the south african representative to the united nations stated that i quote of the events of the past 6 weeks in gaza. have illustrated that israel is acting contrary to its obligations in terms of the genocide convention. and the quote south africa recalled the

statement and its note from all of 21 december 2023 to the embassy of israel. and for tory the court notes that israel dismissed any accusation of genocide in the context of the conflict in casa, in a document. published by the as really ministry of foreign affairs on 6th, december 2023, which was subsequently updated and reproduced on the website of the israel defense forces. on 15th december 2023. under the title, the war against from us answering your most pressing questions, stating that i quote, the accusation of genocide against israel is not only wholly unfounded as a matter of fact in law. it is morally repugnant and of quote in the document. israel also stated that i quote, the accusation of genocide is not just legally and factually info here is obscene, and that there was no valid basis in fact or law for the wages charge of genocide.

and of course, of the in light of the foregoing, the court considers that the parties appear to hold clearly opposite news as to whether certain acts or emissions electrically committed by israel in gaza. amount to violations by the letter of its obligations under the genocide convention. the court finds that the aforementioned elements are sufficient at this stage to establish agreement facia, the existence of a dispute between the parties relating to the interpretation application or fulfilment of the genocide convention. as to whether the acts and emissions complained that by the applicant appear to be capable of falling within the provisions of the genocide convention. the court recalls that south africa considers israel to be responsible for committing genocide in gaza and for failing to prevent and punish genocidal ex south africa contents that israel has also

violated other obligations under the genocide convention. including those concerning conspiracy to commit, genocide, direct and public incitement to genocide, attempt to genocide and complicity and genocide. at the present stage of the proceedings, the court is not required to ascertain whether any violations of israel's obligations under the genocide convention has occurred. such a finding could only be made by the court at the stage of the examination of the merits of the present case. at the stage of making an order on the request for an indication of provisional measures, the course task is to establish whether the acts and emissions capable, sorry, complained of by the applicant appear to be capable of falling within the provisions of the genocide convention. in the courts few at least some of the accidental emissions alleged by south africa has been committed by israel in gaza,

appear to be capable of falling within the provisions of the conventions in light of the phone. so the court concludes that prima facia, it has jurisdiction pursuing to article 9 of the convention to entertain the case. given this conclusion, the court considers that it cannot a seat, israel's request that the case to be removed from the general list. the court turns next to the question of standing of south africa court notes that the respondent did not challenge the standing of the applicant in the present proceedings. in the case concerning application of the convention on the prevention and punishment of the crime of genocide economy a v myanmar were article 9. if the genocide was changed of the genocide convention was also involved. the court observed that all states parties to the convention have a common interest to ensure the prevention, suppression, and punishment of genocide by committing themselves to fulfilling the obligations

contained in the convention. such common interest implies that the obligations in question are owed by any state party to all the other state parties to the relevant convention. their obligations area on this part is in the sense that each state party has an interest in compliance with them in any given case. the common interest in compliance with the relevant obligations under the genocide convention entails that any state party without distinction is entitled to invoke the responsibility of another state, party, for and alleged for each of its obligations. erica, on this part is, accordingly, the court found that any state parties with the genocide convention may invoke the responsibility of another state party, including through the institutional proceedings before the court. with a view to determining the alleged failure to comply with its obligations as almost parties under the convention and to bring the failure to the end. the court

concludes payments ation that south africa has standing to submit to it. the dispute with israel concerning alleged violations of obligations under the genocide convention. the court then turns to the question of the rights whose protection side and the link between such rights and the measures requested. it recalls that its power to indicate provisional measures under article $41.00 of the statute has as its object, the preservation of the respective rights claimed by the parties in a case, pending its decision on the merits. there it follows that the court must be concerned to 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 only if it is satisfied that the right to certify the party requesting such measures or at least possible at this stage of the

proceedings. however, the court is not called upon to determine definitively whether the rights which south africa wishes to see protective exist. it need only decide whether the rights cleaned by south africa and for which its 6 protection are plausible. more over a link much it must exist between the rights his protection sought, and the provisional measures being requested. the court recalls that in accordance with the article, one of the conventions, all states parties there to have undertaken to prevent and some means any of the following acts committed within 10 to destroy in whole or in part, a national s. nicole racial or religious group as such. a killing members as a group be causing serious bodily or mental harm to members of the group. see deliberately inflicting on the group the conditions of life calculated to bring about its physical destruction and holler in part

d. imposing measures intended to prevent verse within the group e, forcing forcibly transferring children as a group to another group. and of course, pursuing to article 3 of the genocide convention. the following acts are also prohibited by the convention conspiracy to commit genocide, direct and public incitement to commit then, genocide, attempt to commit genocide and complicity in genesis. the provisions of the convention are intended to protect the members of a national, ethnical, racial or religious group from acts of genocide or any other punishable acts enumerated in article 3, the court considers that there is a correlation between the rights of our members of groups protected under the genocide convention, the obligations incumbent on state parties there too and the right of any state party to see compliance there with by another state party. this,

as the course has stated, in other cases in order for acts to fall within the scope of article 2 of the convention, the intent must be to destroy at least a substantial part of a particular group. this is demanded by the very nature of the crime of genocide. since the object and purpose of the convention as a whole is to prevent the intentional destruction of groups. the part part targeted must be significant enough to have an impact on the group as a whole. the palestinians appear to constitute a distinct national ethnical, racial or religious group enhancer protective group. within the meaning of article 2 of the genocide convention, the court observes that according to the united nations sources, the pet palestinian population in the guise of strip comprises over 2000000 people . palestinians in the gaza strip form a substantial part of the protective group. the court notes that the military

operation being conducted by israel following the attack of 7 october 2023 has resulted in a large number of deaths and injuries, as well as massive destruction of homes, the forcible displacement of the vast majority of the population and extensive damage to civilian infrastructure. slow seekers relating to the guys of scripts cannot be independently verified. recent information indicates that 25700 palestinians have been killed. over 63000 injuries had been reported. over 360 housing units had been destroyed or partially damaged, and approximately 1700000 persons have been internally displaced. the court takes note in this regard of the statements by the united nations under secretary general for humanitarian affairs and emergency relief coordinator. mr. martin griffith on 5 january 2024. i quote because it has become

a place of death and despair. families are sleeping in the open as temperatures plumbing areas where civilians were told to relocate for their safety. have come under ben barden. medical facilities are under relentless attack. a public health disaster is unfolding because it has simply become uninhabitable fits people are witnessing daily threats to their very existence, while the world watches in the following emissions in north casa, the world health organization reported that as of 21 december 2023. i quote, an unprecedented 93 percent of the population of kaiser is facing crisis levels of hunger, with insufficient food and high levels of mountain nutrition and the quote. the court further notes the statement issued by the commissioner general of the united

nations relief and works agency for palestine in palestine. refugees in the near east or under mister from the plaza reading. on 13 january 2024. i quote. so it's been 100 days since the devastating war started killing and displacing people in gaza following the risk attacks. and some us and other groups carried out against people in israel. it's been 100 days of ordeal and anxiety for hostages and their families in the past 100 days sustain bundari minutes across the guys are stripped call cause the massive displacement of population that is in the state of flux, constantly uprooted and forced to leave overnight only to move to places which are just as unsafe. this war affected more than 2000000 people. the entire population of gaza. menu will carry lifelong scars. both physical and psychological. vast

majority, including children, are deeply traumatized. overcrowded and unsanitary unrest. shelters have become home to more than 1400000 people. they like everything from food to hygiene. people live in, in humane conditions. where's diseases are spreading? including lot of children. they live through the unlivable and the with the clock ticking fast towards family. the plight of children and guys, it is especially heartbreaking, an entire generation of children is traumatized and will take years to heal. thousands have been killed, named and orphaned. hundreds of thousands are deprived of education. their future is in jeopardy with far reaching and long lasting consequences. the unreal commission in general also stated that the crisis in gaza is i quote, compounded by these humanizing language and of quote. in this regard,

the court has taken note of a number of statements made by senior israeli officials. it calls attention in particular to the following examples. on 9 october 2023. mister, you'll have the launch defense minister of israel announced that he had ordered a complete siege of guides of city and there then that there would be no electricity, no food, no fuel. and that everything was closed. on the following day minister, golan stated, speaking to his rarely troops on the guards and border. i quote, i have released all restraints. you saw what we are fighting against. we are fighting human animals. this is the isis of cause. this is what we are fighting against. gaza will return to what it was before. there will be no harm us. we will eliminate everything. if it doesn't take one day, it will take a week. it will take weeks or even months. we will reach all places and

a quote. on 12 october 2023. mister isaac hurts, the president of israel stated, referring to gaza. quote. we are working operating militarily according to rules of international law, unequivocally. it is an entire nation out there that is responsible. it is not true, this rhetoric about civilians not aware, not involved. it is absolutely not true. they could have risen up. they could have fought against that evil regime, which took over guys that included time. but we are up more, we're up more we are or we are defending our homes. we are protecting our house. that's the truth. and when a nation protects its home, it fights and we will fight until we break their backbone. and the quote on 13 october 2023, mister israel cots, then minister of energy and infrastructure of israel stated on x, formerly twitter,

i quote us, we will sight the terrorist organizations from us and destroy all the civilian population in guys that is ordered to be immediately, we will, when they will not receive a drop of water or a single battery until they leave the world. end of the court also takes note of a press release of 16 november 2023, issued by 37 special wrapper tours independent experts and members of working groups. part of the special procedures of the united nations human rights council in which they voice alarm over, i quote, discernibly genocidal and dehumanizing rhetoric coming from senior israeli government officials. and of course, in addition, on 27, october 2023. the united nations committee on the elimination of racial discrimination observed that it was highly concerned about the sharp increase in

races hate speech, and the human is ation directed at palestinians since 7 october. in the courts. few, the aforementioned facts and circumstances are sufficient to conclude that at least some of the rights claimed by south africa and for which it is seeking. protection are plausible. this is the case with respect to the right of palestinians and gaza, to be protected from acts of genocide and related prohibited acts identified an article 3 in the right of south africa, seek israel's compliance with the latter's obligations under the convention. the court then turns to the condition of the link between the plausible rights claimed by south africa, and the provisional measures requested. it considers that by their very nature, at least some of that for visual measures sought by south africa, are aimed at preserving the plausible rights. it starts on the basis of the genocide convention. in the present case, namely,

the right of the palestinians in gods are to be protected from acts of genocide and related prohibited acts mentioned in the article 3 and the right of south africa to seek israel's compliance with the letters obligations under the convention. therefore, a link exists between the rights claimed by south africa that the court has found to be plausible, and at least some of the provisional measures requested. the court turns next to the question of risk of a reparable prejudice and urgency. it notes that pursuant to article $41.00 of its statute, it has the power to indicate provisional measures when irreparable prejudice could be caused to rights, which are the subject of judicial proceedings, or when the alleged disregard of such rights might entail irreparable consequences . however, the power of the court to indicate provisional measures will only be exercised if

there's urgency in the sense that there is a real and imminent risk that a reputable prejudice will be cause to the rights claimed before the court gives its final decision. the condition of urgency is met when the ex, susceptible of causing irreparable prejudice can afford at the moment before the court makes the final decision the case. the court must therefore consider whether such a risk exists at this stage of the proceedings. the court is not called upon for purposes of its decision on the request for the indication of provisional measures to establish the existence of breaches of obligations under the genocide convention . but to determine whether the circumstances require the indication of provisional measures for the protection of rights under that instrument. as already noted, the court cannot at this stage make definitive findings of fact and the right of each party to submit arguments with respect to the merits.