A Review on the Provisional Measures and Sanctions in the International Court of Justice

Dept. of International Law, IAU, Uromieh Branch, Uromieh, Iran. In the field of international law, the provisional measures and their accrued effects are some of the most important issues in the procedures of the international Court of Justice. Issuing the provisional measures intends to consolidate the judgment of the court, which not only contributes to the codification and development of the international law, but also strengthens the international law and facilitates its implementations. According to Article 41 of the Statute of the International Court of Justice, the court shall have the power to indicate, if it considers that circumstances so require, any provisional measureswhich ought to be taken to preserve the respective right of either party. With regards to this statement, the present paper tries the descriptiveanalytic binding nature of the provisional measures and sanctions of it according to the paragraph that stated the case Legrand. Moreover, this paper intends to review the sanctions of the provisional measures for the Security Council and the International Court of Justice. The Court’s interpretation of Article 41 of the Constitution expresses the fact that the provisional measures issued in commitment implies the adoption of appropriate measures to deal with resonance conflicts and prevent further damage upon any of the parties. If this measure remains unfulfilled, it will result in the case of the responsibility of the offender.