Implementation of ICJ Provisional Measures: An Innovative Approach to Article 78 of the Rules of the Court

Document Type : Original Article

Authors

1 PhD in International Law, Faculty of Law and Political Science, Allameh Tabataba’i University.

2 Assistant Professor of Public International Law, Faculty of Law and Political Science, Allameh Tabataba’i University.

Abstract

According to Article 78 of the Rules of the International Court of Justice, the Court may request information from the parties on any matter connected with the implementation of any provisional measures it has indicated. While this provision makes it more likely that the provisional measures will be implemented, it is notable that it remains unexplored in the Court’s case-law. In the case relating to the “Alleged Violations of the Treaty of Amity”, the Court adopted an innovative approach and, contrary to its practice, exercised its power under Article 78 only a few months after it ordered the provisional measures. It thus requested the United States of America to notify the Court of any measures taken to execute the provisional measures within a maximum of 48 days. It is argued here that repetition and confirmation of this innovative approach in future cases will make it possible for the Court to act as a supervisory entity assuring the implementation of any provisional measures it has ordered.

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