Interim Measures by the World Court to Suspend the Execution of an Individual: the Breard Case *

Abstract

When States bring a claim before the International Court of Justice which impacts on human rights, the Court sometimes needs to decide whether or not to indicate provisional measures for the prevention of irreparable harm to the individuals concerned. In the Breard Case the Court did indicate such measures in order to postpone the execution of a Paraguayan citizen by the United States until it had rendered a decision on admissibility and merits. The United States, however, disregarded the interim measures; this included a decision by the US Supreme Court not to postpone the execution. The author argues that the US response to the interim measures violated its international obligations.