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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10 July 2024
Giving Covenants Swords
The classical Hobbesian critique of international law famously asserts that “covenants, without the sword, are but words.” Accordingly, given Israel’s persistent non-compliance with the ICJ’s provisional measures in South Africa v. Israel, on 29 May 2024, South Africa requested “the Security Council to give effect to the Court’s judgments” under Article 41 of the ICJ Statute. This post shows why the discussions on whether the Council lacks the statutory authority to supervise and enforce the Court’s provisional measures under the ICJ Statute overlook the broader point. Namely, the Order on provisional measures is the perfect legal evidence for the Council to trigger its powers under Chapter VII and thus end the humanitarian calamity in Gaza. Continue reading >>
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