Symposium: Reflections on the ICJ's LaGrand Decision - Foreword

Abstract

The decision of the International Court of Justice (ICJ) in the LaGrand Case signals a significant shift in the interpretation of the ICJ's injunctive authority that is likely to impact the future work of international courts and tribunals. For the first time, the ICJ clearly states that provisional orders it issues under Article 41 of the ICJ Statute have binding effect, and that parties have a legal obligation to adhere to such orders. What has helped LaGrand become a prime topic for international legal discourse, however, is the intertwining of this structural change with another highly controversial issue in international law-that of capital punishment.