ضمانت اجرايي آراي ديوان بين المللي دادگستري

Enforcement of the Decisions of the International Court of Justice

The International Court of Justice according to its contentious and advisory jurisdiction, delivers two kinds of decision, namely contentious decision (judgment) and advisory opinion. Furthermore, the Court has the power to indicate provisional measures (interim orders) pending the final decision. The present article aims to show and investigate the sanctions of each mentioned type of decisions. In the case of judgment, considering the obligation of States comply with the judgment and their responsibility arising from the breach of this obligation, the wining parties may have recourse to the Security Council. That organ if deems necessary, makes recommendations or decides upon measures to be taken to give effect to the judgment. The other sanctions are the unilateral measures of the wining party; provisions laid down in special treaties or agreements. As to the interim orders, we can take the following into consideration for its enforcement: a) paragraph 2 of Article 94 of the UN Charter; b) unilateral measures of a state and c) the Court and its judgment. For the advisory opinion there are ways and means to give binding effect to it and subsequently we can find methods for its sanction. These ways include treaty and agreements, interpretation of the Charter of the UN; and application of procedural and customary rules.