INTERIM MEASURES OF PROTECTION IN THE TWO ORDERS OF THE ICJ – GENOCIDE CASES (BOSNIA AND HERZEGOVINA V. SERBIA AND MONTENEGRO

Abstract

The subject of this article consists of the legal analysis of two orders of the International Court of Justice: first from 8 April 1993- case concerning application of the Convention on the prevention and punishment of the crime of genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)-Request for the indication of provisional measures and the second from 13 September 1993- case concerning application of the Convention on the prevention and punishment of the crime of genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)- further request for the indication of provisional measures. We will show which conditions are necessary for the ICJ to indicate the interim measures of protection such as: a) urgent situation, b) irreparable prejudice, c) preservation of rights of the Parties. Also the notion of competence prima facie will be discussed as well as the binding or not force of the order, its enforceability, and the relationship between the Security Council and the ICJ.