Provisional measures

Summary

Interim protection indicated by the International Court of Justice under Article 41 of its Statute to protect rights invoked in a case from imminent and irreparable loss, pending a final decision: in Application instituting proceedings and request for the indication of provisional measures (South Africa v. Israel) South Africa requests them to protect Palestinians in Gaza from continuing and further acts of genocide (Application instituting proceedings and request for the indication of provisional measures (South Africa v. Israel), PDF p.1, p.3).

At the provisional-measures stage, the Application states the Court’s caselaw test as establishing whether “at least some of the acts alleged… are capable of falling within the provisions of the Convention” (The Gambia v. Myanmar, Provisional Measures, Order of 23 January 2020, p. 14, para. 30, quoted PDF p.4).
South Africa seeks an expedited hearing and, under Article 74(4) of the Rules of Court, asks the President of the Court to call on Israel immediately to halt all military attacks that constitute or give rise to violations of the Convention pending the hearing, so that any order the Court may make can have its appropriate effects (PDF p.3).
The measures sought at that interim stage include that Israel cease killing and causing serious mental and bodily harm, cease deliberately inflicting conditions of life calculated to bring about physical destruction, prevent and punish direct and public incitement to genocide, and rescind related policies including restrictions on aid and evacuation directives (PDF p.3). The full list of measures requested is in the part of the Application not yet read (PDF p.34-84).