- Research Handbooks in International Law series
Edited by Sarah Joseph and Adam McBeth
Chapter 12: The International Court of Justice and Human Rights
12. The International Court of Justice and human rights Sandesh Sivakumaran 1 Introduction The International Court of Justice (‘ICJ’ or ‘the Court’) is a court of plenary jurisdiction with responsibility for general international law, yet its influence on human rights has been vast. The Court has contributed to the development of substantive human rights law, its structural framework as well as mechanisms for its enforcement. To those who do not follow the work of the Court this may come as something of a surprise. After all, the ICJ is not a human rights court; it is, rather, the principal judicial organ of the United Nations. Its judges need not have recognised competence in the field of human rights and the parties that appear before it are not individuals but states. It has limited fact-finding capabilities and its evidentiary rules are not altogether developed. There also exist multiple international and regional bodies tasked specifically with the protection of human rights and it is to these bodies that it may have been expected that disputes would be referred. Despite these attributes or lack thereof, the Court has had occasion to engage in the consideration of human rights law. Although individuals have no standing before the Court, states may, and do, bring claims on their behalf. Human rights matters have also been the subject of many an advisory opinion. Accordingly, the subject is not infrequently before the Court, particularly in recent years. When such issues do arise, they may benefit from some judges’...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.