Provisional Measures Of Protection
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A provisional measure of protection is the term that the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ, World Court) uses to describe a procedure "roughly equivalent" to an
interim order The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin leg ...
(which can be either a temporary
restraining order A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection or ...
or a temporary directive order) in national legal systems. The order has also been termed in the press as preliminary measures. The carrying out of the procedure is termed ''indicating'' the provisional measure of protection. Requests for the indication of provisional measures of protection take priority over all other cases before the ICJ due to their urgency.


History

As of July 2018, the ICJ had dealt with 36 requests for the indication of provisional measures of protection (the number does not include multiple simultaneous versions of nearly-identical cases; it counts the " Legality of the Use of Force" cases once rather than ten times, but it includes multiple requests arising at different times in the same case by counting the 2004 ''Avena'' case twice). In 1989, that number was twelve., see page 95. Some of the parties involved include
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,
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, the
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,
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...
,
Burkina Faso Burkina Faso (, ; , ff, 𞤄𞤵𞤪𞤳𞤭𞤲𞤢 𞤊𞤢𞤧𞤮, italic=no) is a landlocked country in West Africa with an area of , bordered by Mali to the northwest, Niger to the northeast, Benin to the southeast, Togo and Ghana to the ...
and
Mali Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Mali ...
. On August 13, 2008, during the
2008 South Ossetia War The 2008 Russo-Georgian WarThe war is known by a variety of other names, including Five-Day War, August War and Russian invasion of Georgia. was a war between Georgia, on one side, and Russia and the Russian-backed self-proclaimed republics of Sou ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
submitted a request for the indication of provisional measures of protection. The request was approved by a vote of 8 to 7. In January 2020,
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, which is mostly
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, successfully obtained an ICJ order for preliminary measures against
Myanmar Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
"to take urgent measures to protect its Muslim
Rohingya The Rohingya people () are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an ...
population from persecution and atrocities, and preserve evidence of alleged crimes against them" under an enforcement of the 1948
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. The injunction had been registered with the Court some 60 days earlier. The 17-member court issued a unanimous decision. The final ruling might take years to be issued although the preliminary measures order called for the government of Myanmar to report its compliance within four months.


References

{{Supranationalism/World government topics, state=autocollapse International law International Court of Justice