The Dialogic Function of ICJ Provisional Measures Decisions in the UN Political Organs: Assessing the Evidence

Abstract

This article evaluates the degree to which provisional measures ordered by the International Court of Justice (ICJ) have influenced United Nations (UN) diplomacy and the exercise of functions by its political organs in the areas of international peace, security and human rights. The increased utility of the ICJ for the purpose of obtaining interim measures has led to growing scholarly reflection on the effectiveness of these measures. This article considers effectiveness specifically in relation to the extent to which ICJ provisional measures have influenced interactions and the exercise of functions within the UN principal political organs, the Assembly and Council, as well as the HRC. It shows that provisional measures have stimulated dialogue and activity within the political organs, although this has been far from consistent. As Member States continue to consider ways to strengthen the functions of the political organs in the maintenance of international peace and security, and the advancement of human rights, an operational commitment to monitor ICJ provisional measures would provide an important means to support the attainment of these dual institutional objectives.