Developments of the Interim Order of the International Court of Justice: From Precaution to Protection, The case of the Gambia v. Myanmar 2020

Abstract

The International Court of Justice (ICJ), the institution for resolving disputes between states, issues an interim injunction in accordance with its mandate in specific circumstances at the request of each party. It owes its mandate, in accordance with the Charter of the United Nations, to the application of international law and the attainment of the purposes of the Charter, where necessary. The issuance of orders and the determination of interim measures are based on the criteria of urgency, necessity, irreparable damage and insane competence. The main question of the present case is how the Court of Justice issued its interim injunction in the case of the application of the Convention on the Prevention and Punishment of the Crime of Genocide (Gambia v. Myanmar) on 23 January 2020 and what changes in the type of obligations arising from the interim injunctions Created on human rights? By expanding its jurisdiction, the Court has paid more attention to human rights issues and has contributed to the human-centered development of international law. Examining the interim order of the Court in this case, it can be seen that the approach of the Court in issuing an interim order in the field of human rights has changed from a precautionary aspect to a protective aspect.

Keywords

• interim order
• international court of justice
• prima facie jurisdiction
• human rights
• genocide
• myanmar