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Court relies on its previous rulings to find that it has prima facie jurisdiction and the rights claimed by South Africa are plausible, with clear evidence that there would be irreparable harm to Palestinians
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Court finds that recent Rafah incursion constitutes a deterioration of the conditions in Gaza strip
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Court finds that it has the power to order modification of previous provisional measure when there is a change in circumstances
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Background: Ground incursion in Rafah and further escalation of conflict between Israel and Palestine gives rise to third request for provisional measures
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Several judges would have gone further and ordered Israel to suspend its military operations
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Judge Barak considers that additional provisional measures are not linked to plausible rights under the Convention
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Court issues additional provisional measures
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Court relies on previous decision that it has prima facie jurisdiction and there are plausible rights being claimed by South Africa, and it sees clear evidence of risk of irreparable harm to Palestinians
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Judge Barak sees no change in circumstances that warrants additional provisional measures
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Court finds further deterioration of conditions in Gaza Strip
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Court has power to order modification of previous provisional measure when there is a change in circumstances, but only if provisional measures test is independently met
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Background: Worsening conditions in Gaza Strip give rise to request for additional provisional measures
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Courts orders provisional measures that differ from those requested
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Case calls for urgent exercise of powers to indicate provisional measures due to risk of irreparable harm
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Provisional measures are linked to rights whose protection is being sought
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South Africa has standing to bring claim since Convention contains obligations erga omnes partes
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Court finds that dispute falls within its prima facie jurisdiction
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Background: Israel – Palestine conflict gives rise to dispute under Genocide Convention; South Africa lodges provisional measures request
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Investor’s conduct and efforts to protect its property impacted on damages awarded
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No expropriation as racial restitution process remains ongoing
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Swiss investor complained that South African police offer inadequate protection
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Costs were stumbling block to discontinuation of ICSID AF case
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Tribunal will grant petitioners access to certain documents
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ICJ points to human rights obligations of investor’s home states
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