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Third-Party “Provisional Countermeasures”: A Proposal to Give Teeth to Provisional Measures

Compliance with the International Court of Justice’s provisional measures orders has been low and appears to be decreasing, as underscored by the recent cases of Israel and Syria. So, attention is again turning to whether the measures can be enforced. Most commentary has focused on the possibility—yet to be put into practice—of enforcement measures by the UN Security Council. What about countermeasures? To date, most scholars (though not all) have concluded that the parties to an ICJ case may use countermeasures in response to non-compliance. But so far, commentators have rejected the idea that non-parties might deploy countermeasures. However, two recent developments call for a reexamination: the ICJ’s recognition of erga omnes (partes) standing in an increasing number of cases and the crystallizing state practice supporting third-party countermeasures. Against this backdrop, this essay revisits the possibility of third-party enforcement of provisional measures through…

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Past Time to Liquidate Russian Assets

This piece is cross-posted on Just Security. Two long years ago, Russia launched its brutal campaign of aggression and atrocity against Ukraine. That full-scale invasion has now killed more than 30,000 Ukrainians, displaced more than 10 million, and destroyed more than $400 billion of civilian property…

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