NCHR Occasional Paper Series #15 2022

What are the function of interim or provisional measures? What positions have the ICJ and other human rights bodies adopted, concerning whether these are legally binding or not? This paper, by Eduardo Sánchez Madrigal and Gentian Zyberi, analyzes the topic.


The analysis includes the practice of UN human rights treaty bodies, with a focus on the practice of the UN Human Rights Committee, and the regional human rights mechanisms.

The paper opens with a look at the practice of the UN Human Rights Committee. After this, it turns to the practice of other UN human rights treaty bodies and the regional human rights mechanisms. The practice of the International Court of Justice is also discussed.

Most human rights mechanisms have concluded that their interim or provisional measures are legally binding, although there are still some lingering controversies concerning their legal nature and potential consequences in instances of non-compliance by States.


  • Eduardo Sánchez Madrigal, Executive Officer. Norwegian Centre for Human Rights
  • Gentian Zyberi, Professor of International Law and Human Rights, Norwegian Centre for Human Rights. Member of the UN Human Rights Committee (2012-2022). 
Tags: Human Rights, NCHR, NCHR Occasional Paper series By Emma Verngård
Published Mar. 11, 2022 1:26 PM - Last modified Mar. 11, 2022 1:32 PM