5 - Cessation, Assurances and Guarantees of Non-repetition

Summary

Chapter 5 addresses the manner in which the International Court of Justice interprets and applies cessation and assurances and guarantees of non-repetition as remedies of international law. These remedies are treated in a single chapter because they are, to a certain degree, complementary. The definition and function of these remedies and their interaction with each other, and with other remedies of international law, such as specific performance or satisfaction, are issues that clarify their meaning. The manner in which cessation interacts with specific performance, and the relevance of the principle of pacta sunt servanda, clarifies the manner in which this remedy is applied before the International Court of Justice. Further, the distinction between assurances and guarantees of non-repetition and their related formality, as provided by states through their pleadings before the Court and by the judicial body, through its judgments, contribute to the clarification of their substance.