III. | The International Court of Justice |
2. | THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE |
2.8. | Jurisdiction and Third States |
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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;