Provisional Measures (Interim Order) of the International Court of Justice: Binding or Recommendation? Look again at the International Court of Justice's Ruling on the Case of the LaGrand Brothers
1
Assistant Professor at Law, Theology and Political Science Faculty of Science and Research Branch of Islamic Azad University
2
Ph.D in International Law at Allameh Tabatabai University
Abstract
Following the condemnation of the LaGrand brothers to the execution and Implementation of sentence of one of them in the United States, Germany, invoking to the violation of Convention on Consular Relations (1963) and by reference to the first Protocol to this Convention, resorted to the International Court of Justice. Germany contended that the United States violated the right to consular which provided in Article 36 of Convention on Consular Relations and provisional measures of The Court which was issued to suspend the execution of the second brother until the final judgment of The Court. The Court declares that provisional measures is binding and creates an international legal obligation for the concerned state. The Court adds that the rights contained in the Convention on Consular Relations (Article 36), in addition to the creation of international obligations to the United States vis-à-vis other states parties, entail individual rights for LaGrand brothers. This interpretation of article 36, as well as the Court's approach to the binding nature of provisional measures and the responsibility for the violation, in particular the method of reparation of this violation, namely, continuous performance for non-repetition of internationally wrongful act, is an indication of the importance of this judicial mechanism in terms of guaranteeing the enforcement of international law.
Mohebbi, M., & Bazzar, V. (2018). Provisional Measures (Interim Order) of the International Court of Justice: Binding or Recommendation? Look again at the International Court of Justice's Ruling on the Case of the LaGrand Brothers. Judgment, 18(95), 91-115.
MLA
Mohsen Mohebbi; Vahid Bazzar. "Provisional Measures (Interim Order) of the International Court of Justice: Binding or Recommendation? Look again at the International Court of Justice's Ruling on the Case of the LaGrand Brothers". Judgment, 18, 95, 2018, 91-115.
HARVARD
Mohebbi, M., Bazzar, V. (2018). 'Provisional Measures (Interim Order) of the International Court of Justice: Binding or Recommendation? Look again at the International Court of Justice's Ruling on the Case of the LaGrand Brothers', Judgment, 18(95), pp. 91-115.
VANCOUVER
Mohebbi, M., Bazzar, V. Provisional Measures (Interim Order) of the International Court of Justice: Binding or Recommendation? Look again at the International Court of Justice's Ruling on the Case of the LaGrand Brothers. Judgment, 2018; 18(95): 91-115.
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