Question

International Court of Justice (ICJ) can provide interim measures in a case pending before it, by virtue of powers conferred under which provision of the Statute of ICJ?

• A. Article 39
• B. Article 41
• C. Article 43
• D. Article 47

Hint:

Remember: Article 41 of the ICJ Statute is the source of its power to order interim measures to prevent harm while a case is pending.

Answer 1

The Correct Option is B

The power of the International Court of Justice to order interim or provisional measures is explicitly granted by Article 41 of the Statute of the ICJ.
This article states that the Court has the power "to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party.
" These measures are akin to an interim injunction in domestic law, intended to prevent irreparable harm to a party's rights while the case is still being heard.