oa Comparative and International Law Journal of Southern Africa - Genocide in Bosnia and Herzegovina? Exploring the parameters of interim measures of protection at the ICJ



The following two orders deal with a request for the indication of provisional measures and a further request for the indication of provisional measures~ respectively. They were brought before the International Court of Justice by the applicant, Bosnia and Herzegovina, following allegations of genocide committed by Yugoslavia (Serbia and Montenegro) in the Republic of Bosnia and Herzegovina. The author examines the court's power to indicate provisional measures in terms of article 41 of its Statute and as developed through subsequent case law. Particular attention is paid to the jurisdiction of the court, which is a necessary pre-condition to the exercise of its powers under article 41, and the way the court determined its jurisdiction in these two orders. In reaching its decision, the court followed the same reasoning in both cases. As the second case reaffirms the findings in the first, closer attention is paid to the Order of 8 April 1993. The value of the second order lies in the court's response to a request for further provisional measures (as provided by article 76 of the Rules of Court); the submission by the additional bases of jurisdiction; and the addition of several weighty separate opinions.


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