The International Court of Justice and Human Rights

Abstract

The International Court of Justice is not a specialized human rights court. Nevertheless, the Court has a significant role in the protection and development of human rights. This chapter describes some structural obstacles to the engagement of the Court with human rights, and then considers instances of substantial incorporation of human rights into the fabric of general international law through interpretation and legal concepts encompassing international community interests. The chapter suggests that structural disengagement in the sense of norms allowing only states to litigate before the Court does not impede substantial incorporation which may depend on other factors, including institutional windows of opportunities, such as the advisory jurisdiction, and the changing attitudes of the ICJ judges and lawyers before the Court.

Keywords: Inernational Court of Justice, Human Rights