Al-Haq, Al Mezan and PCHR Welcome ICJ Modified Provisional Measures Against Israel Ordering Unhindered Aid and End of All Genocidal Military Acts in Gaza

“The alarm has now been sounded by the Court. All the indicators of genocidal activities are flashing red in Gaza. An injunction has been served for ending the atrocities. The provisional measures indicated by the Court are binding” (Judge Yusuf, 28 March 2024)

Date: 28 March 2024

The Court unanimously ordered that Israel must “(a) take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary”. In addition, by fifteen votes to one, with Israeli Justice Barak in dissent, the Court voted to “(b) ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Genocide Convention, including by preventing, through any action, the delivery of urgently needed humanitarian assistance”. Notably, Vice President Sebutinde, who had overwhelmingly voted against the original provisional measures, also voted in favour.

Besides the catastrophic humanitarian situation, the Court also noted the sharp increase in Palestinian casualties since 26 January, with “over 6,600 additional fatalities and almost 11,000 additional injuries among Palestinians in the Gaza Strip”. In light of the above, the Court concluded that this situation in Gaza still presents a real and imminent risk of irreparable harm to the Palestinian people.

Our organisations welcome the Court’s grant of one month to Israel to respond, which considering the urgency of the matters, the famine, and the likelihood and scale of future Israeli attacks, especially in Rafah, necessitates the continuing monitoring and oversight by the Court over Israel’s actions as an important mechanism for compliance.