Provisional measures in situations of armed conflict: the practice of the International Court of Justice

Available in Russian

Author: Filippo Fontanelli

Keywords: armed conflict; International Court of Justice; international disputes; peacebuilding; provisional measures


Provisional measures indicated by the ICJ can aim to preserve the integrity of the disputed rights but also to avoid an escalation of the underlying conflict. This ambiguity is particularly marked in disputes turning on an armed conflict. Interim measures in similar cases can serve, alternatively, the better administration of justice or peacebuilding goals. It is argued that the use of precise and binding operational measures can only serve the double purpose of preservation and peace-building if the Court does not yield to the temptation of trespassing its basic jurisdictional hurdles.