Provisional Measures

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ECtHR grants interim measure concerning Serbia: Controversies in the possible use of sonic weapons against protesters

On 29 April 2025, the European Court of Human Rights (ECtHR or the Court) granted part of the applicants’ requests to issue an interim measure in the case of Đorović and Others v. Serbia (App.no. 8904/25). The case involves the alleged use of a sonic weapon for crowd control by the authorities at demonstrations and the concern that it could be used at future demonstrations. In this contribution, I argue that at this point, the decision of the Court to grant interim measures was justified while we wait to see what will be written down in the application and subsequently what decision will be delivered by the Court. Moreover, the contribution discusses the lack of legal basis for the possible use of these kinds of weapons in Serbian legislation and the latest published report from the investigation conducted by the Russian FSB. Context and content of the request for the interim measure For five months and more, students across Serbia have been demanding that the institutions act in accordance…

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Judicial Restraint and Jurisdictional Clarity: Decoding the ICJ’s Decision in Sudan v. United Arab Emirates

On 5th May, 2025, the International Court of Justice [‘ICJ’] delivered its Order in Sudan v. United Arab Emirates, in the application filed on March 5, 2025 instituting proceedings against the UAE concerning alleged violations of the Genocide Convention [Convention], concerning the Masalit…

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A Thought Experiment on Plausibility and ICJ Provisional Measures

The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s comments to that post; and the post by…

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Taking the Road Less Travelled: The ICJ’s Pragmatic Approach to Provisional Measures in Nicaragua v Germany

When President Salam announced the ICJ’s decision not to indicate provisional measures against Germany as requested by Nicaragua on Tuesday, the legal advisers of States lending support to the warring parties in Gaza were probably closely listening. As we argue in this post, the ICJ was acutely aware of the implications any decision would have…

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Third-Party “Provisional Countermeasures”: A Proposal to Give Teeth to Provisional Measures

Compliance with the International Court of Justice’s provisional measures orders has been low and appears to be decreasing, as underscored by the recent cases of Israel and Syria. So, attention is again turning to whether the measures can be enforced. Most commentary has focused…

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