Therefore, following the ruling it ceases to hear or rule on the case, and therefore the
circumstances provided for in Article 63(2) are not present in order to proceed with
provisional measures, i.e., that it concerns "matters that [Court] is hearing" or ruling
on.
33. - But, in addition, this ruling is res judicata in nature33, it can no longer be altered,
and it is also final for the Court; therefore, it cannot be replaced or devalued by
provisional measures or create the risk that such eventualities may occur, which could
happen if the measures ordered before the judgment continued to have effect, or if
after the ruling new, measures were enacted. In that eventuality, such measures
would not only be “provisional”34 but could also imply the violation of the principle of
“res judicata”, i.e. that the case be re-examined.
34. - For this reason the pertinent conventional rules provide that, after the judgment
has been delivered, the Court may carry out, in the relevant contentious case, only two
actions: one that is procedural, and another that is administrative but which could
become procedural. Firstly, it may interpret the judgment, if necessary.35 And
secondly, it will submit an annual report to the OAS General Assembly on the States
that have not complied with its rulings.36 At the same time, and in this case, the
Statute of the Court only refers to the aforementioned report to the OAS General
Assembly37 and, in turn, the Rules of Procedure of the Court govern the judgment on
reparations and costs,38 the request for interpretation,39 the monitoring of compliance
with judgments and other decisions made by the Court, 40 and rectify any obvious
mistakes, clerical errors or calculation errors.41All these matters, except the latter, are
addressed in the Rules of Procedure as part of Title II “Procedure” and before the start
of Title III “Advisory opinions.”
35.- Considering, then, the principle of public law that you can only do what the rule
orders, the aforementioned actions are the only actions the Court may undertake in a
contentious case that has already been ruled on; furthermore, they must all be aimed
exclusively at ensuring compliance with the respective ruling by the State concerned.
36. - In short, the treaty rules, statutes and regulations do not explicitly include
provisional measures among the proceedings that follow the relevant judgment. There
is no rule that allows the Court to proceed with provisional measures after it has ruled
on the contentious case in question.
33
Article 59 of the Statute of the Court International of Justice: “t[]he decision of the Court has no
binding force except between the parties and in respect of that particular case.”
34
The Statute of the Court International Court, in Article 41(2), refers more directly to the provisional
nature of the measures: “pending the final decision, notice of the measures suggested shall forthwith be
given to the parties and to the Security Council."
35
Article 67 of the Convention.
36
Article 65 of the Convention.
37
Article 30 of the Statute.
38
Article 66 of the Rules.
39
Article 68 of the Rules.
40
Article 69 of the Rules.
41
Article 76 of the Rules of the Court.
9
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