The Jurisprudence of International Court of Justice in Determining Provisional Measures with Emphasis on Case Concerning the Temple of Preach Vihear Case (18th July 2013)

The International Court of Justice (ICJ) according to the conditions established in article 41 of its Statute and articles 73 -78 of Rule of Procedures can determine provisional measures when there is urgency for Guaranteeing the fundamental rights that should be protected by Court’s decision in the merits, and if there is possibility of irreparable damage to that right. The ICJ at first must establish these conditions according to circumstances of each case. This paper by using descriptive -analytic method of research is about to answer these questions that how Security Council (SC) can cooperate with the ICJ in guaranteeing the implementation of determined provisional measures and when ICJ can indicate these measures proprio motu like Preach Vihear case? The jurisprudence of the ICJ shows that in some cases, determined provisional measures did not implement by parties and SC despite of irreparable damage and necessity of maintaining international peace and security has not taken effective approach.