Provisional measure of protection

A provisional measure of protection is the term that the International Court of Justice (ICJ, World Court) uses to describe a procedure "roughly equivalent"[1] to an interim order (which can be either a temporary restraining order or a temporary directive order) in national legal systems. The carrying out of the procedure is termed indicating the provisional measure of protection.[1] Requests for the indication of provisional measures of protection take priority over all other cases before the ICJ due to their urgency.[1]

History

As of July 2018, the ICJ had dealt with 36 requests for the indication of provisional measures of protection (this number does not include multiple simultaneous versions of nearly-identical cases, e.g., it counts the "Legality of the Use of Force" cases once rather than ten times, but it does include multiple requests arising at different times in the same case, e.g., it counts Avena twice).[2] (In 1989, that number was twelve.[1]) Some of the parties involved include Iran, Pakistan, the United States, Nicaragua,[3] Burkina Faso and Mali.[1] On August 13, 2008, during the 2008 South Ossetia War, Georgia submitted a request for the indication of provisional measures of protection. This request was approved with a vote of 8 to 7. [4]

References

  1. 1 2 3 4 5 Rosenne, Shabtai; Terry D. Gill (1989). The World Court: What it is and how it works. Leiden: Brill Publishers. p. 320. ISBN 978-90-247-3772-7. , see page 95
  2. ↑ International Court of Justice. "Contentious cases organized by incidental proceedings: Provisional measures". Retrieved 20 July 2018.
  3. ↑ "Request for the indication of provisional measures of protection submitted by the government of Nicaragua". International Court of Justice. 1984. Archived from the original (PDF) on 2009-01-01. Retrieved 2009-01-01.
  4. ↑ "Request for the indication of provisional measures of protection submitted by the government of the Republic of Georgia". government of Georgia. 2008-08-13. Archived from the original (PDF) on 2008-12-31. Retrieved 2009-01-01.
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