World Court Digest

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III.	The International Court of Justice
3.	THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE
3.10.	Provisional Measures
3.10.4.	Binding Effect / Compliance

¤ Case Concerning Armed Activities
on the Territory of the Congo
(New Application: 2002)
(Democratic Republic of the Congo v. Rwanda)
Request for the Indication of Provisional Measures
Order of 10 July 2002

[p. S.O. Dugard] 2. For many years there has been a debate over the question whether an Order for provisional measures, made under Article 41 of the Statute of the International Court of Justice, is binding or not. In the LaGrand case, the Court gave its answer: such an Order is binding upon States (LaGrand (Germany v. United States of America), Judgment, I.C.J. Reports 2001, pp. 32-41, paras. 92-116). As a consequence of this decision, provisional measures will assume a greater importance than before and there will be a greater incentive on the part of States to request such measures. In these circumstances, the Court should be cautious in making Orders for provisional measures where there are serious doubts about the basis for jurisdiction and strict in its response to requests for provisional measures where the jurisdictional basis for the claim is manifestly unfounded. If it fails to adopt such an approach, the Court will be inundated with requests for provisional measures.

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