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

Document Type : Original Article




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 having high capacity in the implementation of the Court’s provisional measures, this provision has not been adequately considered so far. In the case relating to the “Alleged Violations of the Treaty of Amity”, however, the Court adopted an innovative approach and, contrary to its practice, exercised its power under article 78 only a few months after the provisional measures was issued. It, therefore, 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 believed that repetition and confirmation of the Court’s innovative approach in future cases will promote the Court as a supervisory entity for the implementation of provisional measures that are envisaged in provisional measures.