أثر إثبات محكمة العدل الدولية للصفة الإلزامية لتدابيرها المؤقتة في منع تفاقم النزاعات الدولية

Abstract EN

That in the proof of the International Court of Justice for the mandatory capacity of its interim measures In 2001, It means that this court has settled the great debate on the part of international law jurists about the extent to which these temporary measures have the mandatory character, Also in this proof the role of temporary measures is being greatly enhanced The International Court of Justice has the right to prevent the aggravation and widening of international disputes during the stage of their submission to the International Court of Justice and before the final decision on them by this court.

And the following question: What is the effect of the International Court of Justice's proof of the binding nature of the interim measures it issues in preventing the complexity and expansion of international disputes during the period of their submission to the International Court of Justice and before the issuance of the final ruling thereon? The main problematic of our research topic.

In conclusion, we reached important results in this regard, the most prominent of which are: The declaration of the International Court of Justice in 2001 on the compulsion of its interim measures strengthened the role of these measures in preventing the exacerbation of international conflicts and in maintaining international peace and security.

Among the most prominent recommendations that we made in this regard: that the role of the International Court of Justice, after confirming the binding character of the provisional measures it issues, must be a major role in the field of implementing temporary measures it issues, with the aim of perpetuating the culture of voluntary implementation of temporary measures by the countries that were issued against it.

And thus eliminating instances of non-implementation of those many measures.

This is done by finding other means for the International Court of Justice to play this role, including creating a new paragraph within the content of the interim measures order in which the International Court of Justice charts the safest way for the parties to implement these measures while giving the party against whom it was issued the right to choose other methods and means that it may deem most appropriate for him.

In carrying out those measures.