Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic) - Request for the indication of provisional measures - Public hearings postponed until October

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2023/41
15 July 2023
Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic) Request for the indication of provisional measures
Public hearings postponed until October 2023
THE HAGUE, 15 July 2023. The International Court of Justice, the principal judicial organ of the United Nations, has decided to postpone the oral proceedings on the request for the indication of provisional measures submitted by Canada and the Netherlands in the case concerning Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic) that were due to open on Wednesday 19 July 2023 to 10 and 11 October 2023.
The Court reached its decision having considered the views and arguments of the Parties, following Syria’s request for a postponement.
Schedule for the hearings
Tuesday 10 October 2023 10 a.m.-12 noon: First round of oral argument (Canada and the Netherlands)
4 p.m.-6 p.m.: First round of oral argument (Syria)
Wednesday 11 October 2023 10 a.m.-11 a.m.: Second round of oral argument (Canada and the Netherlands)
5 p.m.-6 p.m.: Second round of oral argument (Syria)
A further press release will be issued in due course regarding the admission and accreditation procedures for members of the public and media representatives.
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History of the proceedings
On 8 June 2023, Canada and the Kingdom of the Netherlands filed a joint application instituting proceedings against the Syrian Arab Republic before the International Court of Justice (ICJ), concerning alleged violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Convention against Torture”).
In their Application, Canada and the Netherlands contend that “Syria has committed countless violations of international law, beginning at least in 2011, with its violent repression of civilian demonstrations, and continuing as the situation in Syria devolved into a protracted armed conflict”. According to the Applicants, “[t]hese violations include the use of torture and other cruel, inhuman or degrading treatment or punishment”.
Canada and the Netherlands seek to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article 30, paragraph 1, of the Convention against Torture, to which both Applicants and Syria are parties.
Together with the Application, Canada and the Netherlands filed a request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court, “to preserve and protect the rights owed to them under the Convention against Torture, which Syria continues to violate, and protect the lives and physical and mental integrity of individuals within Syria who are currently, or are at risk of, being subjected to torture and other cruel, inhuman or degrading treatment or punishment”.
Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.
Hearings on the request for the indication of provisional measures submitted by Canada and the Netherlands were due to take place on 19 and 20 July 2023.
Earlier press releases relating to this case are available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 Email: [email protected]