Provisional Measures of the International Court of Justice in Armed Conflict Situations
Leiden Journal of International Law, Vol. 23, pp. 571–584, 2010
Posted: 9 Nov 2010
Date Written: July 30, 2010
This article critically assesses the role of provisional measures indicated by the International Court of Justice in protecting populations during armed conflict situations and the legal consequences attached to the violation of such measures. A number of relevant cases, including the most recent Georgia v. Russia case, are dealt with. Provisional measures aimed at protecting populations affected by armed conflict have been increasingly requested in the last two decades by states finding themselves at a military disadvantage. Questions remain, however, with regard to the suitability of these incidental proceedings to deal with major political controversies resulting in armed conflict between states. That notwithstanding, it is submitted that although compliance with such orders of the Court remains unsatisfactory, in the long term provisional measures can eventually strengthen state compliance with commonly agreed international human rights and humanitarian law standards.
Keywords: Armed conflict, forms of reparations, human rights protection, International Court of Justice, provisional measures orders
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