Could the International Court of Justice Indicate a ‘No-Fly Zone’ over Libya?

Abstract

The events in Libya have given rise to calls for the imposition of a no-fly zone over the country. There seems to be, however, neither the political will nor the necessary number of votes in the United Nations Security Council to authorize such a measure. This short paper examines whether States could request the International Court of Justice to indicate a no-fly zone over Libya as a provisional measure under Article 41 of the Court’s Statute and how such a provisional measures order by the Court could be enforced.

Keywords: International Law, No-Fly Zones, Libya, UN Security Council, ICJ, Art 41 ICJ Statute, Provisional Measures