The International Court of Justice (ICJ) has introduced a mechanism to monitor the implementation of the provisional measures it indicates.
This new mechanism will be applicable to the provisional measures indicated by the ICJ in the genocide case filed by The Gambia against Myanmar in November, 2019.
On January 23, 2020, the ICJ unanimously indicated legally binding provisional measures, requiring the government of Myanmar to take all steps within its power to prevent the commission of all acts of genocide, such as killing, causing serious mental or bodily harm, and other acts listed in the Genocide Convention.
“As part of the ongoing review of its procedures and working methods, the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has adopted a new Article 11 of the Resolution concerning the Internal Judicial Practice of the Court,” said a press release issued by the highest court of the world on Tuesday morning.
“The article provides for the establishment of an ad hoc committee, composed of three judges, which will assist the Court in monitoring the implementation of the provisional measures that it indicates. The committee will examine the information supplied by the parties in this regard, report periodically to the Court, and recommend potential options for it,” it said.
“Any decision, if required, will be taken by the Court,” it added.
Internal judicial practice of the court
(i) Where the Court indicates provisional measures, it shall elect three judges to form an ad hoc committee which will assist the Court in monitoring the implementation of provisional measures. This committee shall include neither a Member of the Court of the nationality of one of the parties nor any judges ad hoc.
(ii) The ad hoc committee shall examine the information supplied by the parties in relation to the implementation of provisional measures. It shall report periodically to the Court, recommending potential options for the Court.
(iii) Any decision in this respect shall be taken by the Court.
