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
Website: www.icj-cij.org
Press Release
Unofficial
No. 2008/26
15 August 2008
Proceedings instituted by Georgia against Russia
Urgent Communication to the Parties from the President under
Article 74, paragraph 4, of the Rules of Court
THE HAGUE, 15 August 2008. Acting in accordance with the powers conferred upon her
by Article74, paragraph4, of the Rules of Court, Judge Rosalyn Higgins, President of the
International Court of Justice (ICJ), the principal judicial organ of the United Nations, addressed
today an urgent communication to the Parties in the proceedings instituted by the Republic of
Georgia against the Russian Federation.
Article 74, paragraph 4, of the Rules stipulates that “Pending the meeting of the Court, the
President may call upon the parties to act in su ch a way as will enable any order the Court may
make on the request for provisional measures to have its appropriate effects.”
The text of the communication sent to the Parties is reproduced in full below:
“On 12August2008 the Republic of Georgi a submitted an Application to the Court
instituting proceedings against the Russian Fede ration. On 14 August2008, the Republic of
Georgia submitted a request for indication of prov isional measures referring to Article41 of the
Statute of the Court and Articles 73, 74 and 75 of the Rules of Court.
The convening of the Court for purposes of proceeding to a decision on a Request for the
indication of provisional measures should be d ealt with as a matter of urgency (Article74,
paragraph 2, of the Rules of Court). At the same time, the date for the hearings should be fixed so
as to afford Parties an opportunity of being represen ted at it (Article 74, paragraph 3, of the Rules
of Court).
In the light of these considerations the earings on the request made by the Republic of
Georgia for the indication of provisional measures have now been fixed for 8-10 September 2008.
The Court will at this juncture have to decide whether or not it has prima facie jurisdiction in
respect of the case brought by the Republic of Georgia and whether the conditions for the
indication of provisional measures are met. - 2 -
Having considered the gravity of the situa tion, the President, acting under Article74,
paragraph4, of the Rules of Court, urgently ca lls upon the Parties to act in such a way as will
enable any order the Court may take on the request for provisional measures to have its appropriate
effects.”
___________
Information Department:
Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Proceedings instituted by Georgia against Russia - Urgent Communication to the Parties from the President under Article 74, paragraph 4, of the Rules of Court