17 October 2025
Pick and Choose at the ICJ
The International Court of Justice has recently begun to deviate from its own standards. Three cases illustrate the emergence of a new approach to assessing “circumstances” required for the indication of provisional measures under Article 41 of the ICJ Statute. Traditionally, the Court has applied a structured five-prong chronological test, established in Belgium v. Senegal. In contrast, it now seems to adopt a more selective, “pick-and-choose” approach to that test. While giving the Court a certain degree of flexibility in assessing the circumstances, this approach creates risks of arbitrariness and unpredictability. Continue reading >>
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