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World Court Digest

III. The International Court of Justice
2.8. Jurisdiction and Third States

¤ Application of the Convention
on the Prevention and Punishment
of the Crime of Genocide,
Provisional Measures,
Order of 13 September 1993,
I.C.J. Reports 1993, p. 325

[p. 344] 40. Whereas the list of measures which the Applicant now requests the Court to indicate, set out in paragraph 6 above, includes certain measures (and in particular those numbered 5, 7, 9 and 10 on that list) which would be addressed to States or entities not parties to the proceedings; whereas the Applicant has explained that it is not asking for an Order binding upon any State other than the Parties, but for a clarification of the Applicant's rights "which can be used in the Security Council and the General Assembly and elsewhere"; whereas the judgment in a particular case by which disputed rights may be adjudged by the Court to belong to the Applicant or to the Respondent has, in accordance with Article 59 of the Statute of the Court, "no binding force except between the parties"; whereas accordingly the Court may, for the preservation of those rights, indicate provisional measures to be taken by the parties, but not by third States or other entities who would not be bound by the eventual judgment to recognize and respect those rights; whereas consequently the Court cannot, in the exercise of its power to indicate provisional measures, indicate by way of "clarification" that those States or entities should take, or refrain from, specific action in relation to the acts of genocide which the Applicant alleges are being committed in Bosnia-Herzegovina;