Briefly Noted

Abstract

On November 16, 2023, the International Court of Justice voted 13 – 2 in favor of issuing a binding Order in the case of Canada and the Netherlands v. Syrian Arab Republic. The Order adopted two provisional measures, which require Syria to prevent acts of torture and other cruel punishment, ensure that its officials and organizations do not commit torture or other cruel punishments, and preserve any evidence related to the allegations of the case. A Request for the Indication of Provisional Measures seeking such an order had been entered on June 8, 2023, by Canada and the Netherlands, for which oral arguments were held on October 10, 2023. The Request came alongside Canada's and the Netherlands' Joint Application instituting proceedings against Syria for violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Request and Application were made pursuant to Articles 36 and 41 of the Statute of the Court, Article 30 of the Convention against Torture, and Articles 73, 74, and 75 of the Rules of the Court. Vice-President Gevorgian and Judge Xue voted against both provisional measures, with Vice-President Gevorgian appending a dissenting opinion and Judge Xue appending a declaration.