Compliance with Decisions of the International Court of Justice

This book analyzes the compliance of states with ICJ decisions, revealing differing success rates for judgments and provisional measures over time.

This work provides an in-depth examination of the compliance records of states involved in proceedings before the International Court of Justice (ICJ), the United Nations' primary judicial body. It presents a detailed analysis of the follow-up actions taken regarding the ICJ's judgments and interim measures since the Court's establishment in 1945. The book scrutinizes a range of cases, from the Corfu Channel case in the late 1940s to the Arrest Warrant Case decided in 2002, with a particular emphasis on state practices concerning compliance.

The author delves into the legal foundations that underpin the obligation of states to comply with ICJ decisions, as well as the enforcement mechanisms available for these rulings. Each decision that has created a compliance obligation is analyzed within its historical context, taking into account the political interests at play, the attitudes of the involved parties toward the ICJ, and the relevant legal frameworks. This thorough examination reveals that while the compliance record for judgments is generally satisfactory, the situation for provisional measures appears less favorable at first glance.

However, the book argues that the record for provisional measures should be interpreted more carefully. In several instances, applicants have derived some benefits from the ICJ's decisions, even when these were not fully implemented. The author investigates the reasons behind the differing compliance rates for judgments and provisional measures and considers potential mechanisms that might improve compliance in the future. Compliance with Decisions of the International Court of Justice ultimately offers valuable insights into the complexities of international law and state behavior.