Provisional Measures

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Domestic Courts and the States’ Obligation to Prevent Genocide and Serious Violations of IHL: The Brussels Court of Appeal’s Interlocutory Judgment of 16 March 2026

May 26, 2026

On 16 March 2026, the Brussels Court of Appeal (hereafter, the “Court”) issued an interlocutory judgment in summary proceedings (référé) concerning the alleged failure of the Belgian State to comply with its international obligations in relation to the risk of genocide and serious violations of international humanitarian law (“IHL”) in Gaza (hereafter, the “Judgment”).  The case was initiated on 22 July 2025 against the Belgian State by way of summary proceedings by several civil society organisations – namely the Belgian-Palestinian Association (“Association belgo-palestinienne”) and the National Coordination for Action for Peace and Democracy (“Coordination Nationale d’Action pour la Paix et la Démocratie”) –, together with two individual (Palestinian) applicants (together, the “Appellants”).  While the proceedings remain ongoing, the interlocutory Judgment already constitutes an interesting intervention by a domestic appellate court in the enforcement of international obligations of prevention. This post briefly outlines the factual and procedural background of the litigation before examining the Court’s key legal findings.

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The ICJ’s New Rules on Provisional Measures Reports

January 12, 2026

On 17 December 2025, “as part of the ongoing review of its procedures and working methods”, the International Court of Justice (‘ICJ’ or ‘Court’) amended article 78 of the Rules of Court to make available to the public reports provided by the parties concerning compliance with provisional measures (‘provisional measures reports’ or ‘reports’). Article…

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Skipping Steps at the ICJ: Pragmatism and Judicial Economy in the 12 September Order in Equatorial Guinea v. France (Return of Property)

October 14, 2025

In the aftermath of Sudan v. United Arab Emirates, debate has flared about the use of judicial economy by the International Court of Justice (ICJ). By rejecting Sudan’s request for interim protection and striking the case from the General List in one breath, the Court seemed to privilege docket discipline and efficiency over a fuller airing…

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ECtHR grants interim measure concerning Serbia: Controversies in the possible use of sonic weapons against protesters

May 12, 2025

On 29 April 2025, the European Court of Human Rights (ECtHR or the Court) granted part of the applicants’ requests to issue an interim measure in the case of Đorović and Others v. Serbia (App.no. 8904/25). The case involves the alleged use of a sonic weapon for crowd control by the authorities at demonstrations and…

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Judicial Restraint and Jurisdictional Clarity: Decoding the ICJ’s Decision in Sudan v. United Arab Emirates

May 8, 2025

On 5th May, 2025, the International Court of Justice [‘ICJ’] delivered its Order in Sudan v. United Arab Emirates, in the application filed on March 5, 2025 instituting proceedings against the UAE concerning alleged violations of the Genocide Convention [Convention], concerning the Masalit…

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