instrument of withdrawal.5 In the circumstances, the Court holds that the withdrawal
of the Declaration by the Respondent State will take effect on 8 March 2026.
14. In light of the above, the Court holds that its personal jurisdiction to examine the
present matter is established.
VI.
ON THE REVOCATION OF THE ORDER FOR PROVISIONAL MEASURES
15. The Court notes that Rule 90 of the Rules provides that “Nothing in these Rules
shall limit or otherwise affect the inherent power of the Court to adopt such
procedure or decisions as may be necessary to meet the ends of justice”
16. The Court also notes, in the instant matter, that the Respondent State, while
filing its report on compliance with the order for provisional measures issued
on 28 August 2023 in Application No. 004/2023, requested the Court to revoke
the said Order. In support of its request, the Respondent State submitted
documentation which suggested that its conduct was already in compliance
with the orders issued by the Court in the Order whose revocation is being
sought.
17. In connection with the Respondent State’s request, the Court considers that an
Order for provisional measures, is by its nature unique and different from final
judgments especially due to its transient nature.
18. The main reason given by the Respondent State, in support of the prayer for
revocation, is that its conduct was already in compliance with the terms
stipulated in the Court’s Order, by the time the same was issued. The Court
considers the reason given insufficient for purposes of revocation of the Order
for provisional measures especially given that, the Respondent State, based
5 Ibid.
5