Provisional Measures
How the ICJ issues emergency orders to prevent irreparable harm while a case is pending.
What Are Provisional Measures?
Provisional measures are the ICJ's equivalent of an injunction. Under Article 41 of the Statute, the Court can indicate provisional measures when it believes that the rights of either party are at risk of irreparable prejudice before the final judgment. These measures are meant to preserve the status quo and protect the rights at issue.
The Court can indicate provisional measures on its own initiative or at the request of a party. The requesting state must show prima facie jurisdiction (a plausible basis for the Court to hear the case), a plausible link between the rights claimed and the measures requested, and a real and imminent risk of irreparable prejudice. The Court does not need to establish jurisdiction definitively at this stage.
