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A provisional measure of protection is the term that the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
(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 le ...
(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 often involving alleged domestic violence, child abuse and neglect, assault, harassment, stalking, or sexual assault. Restraining and perso ...
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
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
,
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
,
Nicaragua Nicaragua, officially the Republic of Nicaragua, is the geographically largest Sovereign state, country in Central America, comprising . With a population of 7,142,529 as of 2024, it is the third-most populous country in Central America aft ...
,
Burkina Faso Burkina Faso is a landlocked country in West Africa, bordered by Mali to the northwest, Niger to the northeast, Benin to the southeast, Togo and Ghana to the south, and Ivory Coast to the southwest. It covers an area of 274,223 km2 (105,87 ...
, and
Mali Mali, officially the Republic of Mali, is a landlocked country in West Africa. It is the List of African countries by area, eighth-largest country in Africa, with an area of over . The country is bordered to the north by Algeria, to the east b ...
. On August 13, 2008, during the
2008 South Ossetia War The August 2008 Russo-Georgian War, also known as the Russian invasion of Georgia,Occasionally, the war is also referred to by other names, such as the Five-Day War and August War. was a war waged against Georgia by the Russian Federation and the ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
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,
The Gambia The Gambia, officially the Republic of The Gambia, is a country in West Africa. Geographically, The Gambia is the List of African countries by area, smallest country in continental Africa; it is surrounded by Senegal on all sides except for ...
successfully obtained an ICJ order for preliminary measures against
Myanmar Myanmar, officially the Republic of the Union of Myanmar; and also referred to as Burma (the official English name until 1989), is a country in northwest Southeast Asia. It is the largest country by area in Mainland Southeast Asia and has ...
"to take urgent measures to protect its Muslim
Rohingya The Rohingya people (; ; ) are a stateless Indo-Aryan ethnolinguistic group who predominantly follow Islam from Rakhine State, Myanmar. Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an estimated 1.4 million Ro ...
population from persecution and atrocities, and preserve evidence of alleged crimes against them" under an enforcement of the 1948
Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
. 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