The Dialogic Function of I.C.J. Provisional Measures Decisions in the U.N. Political Organs: Assessing the Evidence

The aim of this article is to consider the degree to which provisional measures ordered by the International Court of Justice (I.C.J.) have influenced United Nations (U.N.) diplomacy and the exercise of functions by its political organs in the areas of international peace, security, and human rights. This article evaluates this influence by examining decisions in which the I.C.J. indicated provisional measures, denoting the remedy available to the Court, on an interim basis, to restrain or instruct the parties to take certain measures to preserve either or both parties’ rights pending the outcome of the case. In doing so, this article builds on scholarly literature about the function of I.C.J. provisional measures as part of a broader litigation strategy to influence negotiations and political settlements. Although the formal purpose of provisional measures is to preserve existing legal rights pending an outcome on the merits of a dispute, scholars have also noted parties’ use of provisional measures to advance a broader strategic purpose beyond the confines of the interim remedy proceedings.