The Function and Legal Status of Interim Measures Indicated by Various Human Rights Bodies and the International Court of Justice

Abstract

This paper analyzes the function of interim or provisional measures (the terms are used interchangeably) and the position adopted by various human rights bodies and the International Court of Justice (ICJ) concerning their nature as legally binding or not. The analysis includes the practice of UN human rights treaty bodies (UNTBs), with a focus on the practice of the UN Human Rights Committee (HRCttee), and the regional human rights mechanisms. First, the paper looks at the practice of the HRCttee and then turns to the practice of other UNTBs and the regional human rights mechanisms. Lastly, the practice of the ICJ is included. Most human rights mechanisms have concluded that their interim or provisional measures are legally binding, although there are still some lingering controversies concerning their legal nature and potential consequences in instances of non-compliance by States.

Keywords: Interim measures, provisional measures, UN human rights treaty bodies, regional human rights courts, International Court of Justice