The Interpretation and Development of International Human Rights Law by the International Court of Justice

Abstract

The International Court of Justice (ICJ or Court) is one of the main organs of the United Nations (UN) and its principal judicial organ. Certain institutional features, such as being a court of general jurisdiction entrusted with both a contentious and an advisory function, its important place within the UN system and its membership composed of independent judges representing the principal legal systems of the world, make the Court well situated for integrating international human rights law rules and principles into the broader corpus of public international law. This chapter will analyse the contribution of the ICJ to interpreting and developing some important rules and principles of international human rights law aimed at ensuring a basic protection of individuals under international law. First, the chapter puts into perspective the place of the ICJ within the larger framework of international adjudication and enforcement of human rights norms. Then, the chapter turns to the institutional possibilities and limitations of the Court in engaging in the process of interpreting and developing human rights norms, discussing both advisory proceedings and contentious cases. The analysis addresses all three procedural stages in contentious cases, namely preliminary objections, merits and reparations. Third, the chapter analyses the contribution of the Court to clarifying procedural, substantive and institutional issues concerning the understanding and implementation of key human rights norms. In analysing the case law of the Court, it is important to distinguish between cases involving bilateral disputes with human rights aspects and cases involving matters of general concern for the international community as a whole (section 4.1.3 below). Finally, the chapter provides some concluding remarks. An institutional approach is used in discussing the role of the ICJ within the context of international adjudication and enforcement of human rights, as well as its contribution to the interpretation and development of key human rights rules and principles. The institutional possibilities and limitations of the Court are highlighted in order to understand the legal and political confines within which the Court operates. Notably, the Court’s contribution has been explained from three angles: a procedural, a substantial and an institutional angle. Obviously, the ICJ can interpret and develop the law, but it is for States, international and regional organisations and individuals to comply with their legal obligations. The existence and activity of the Court can help to reinforce the rule of law and the values embedded in human rights norms.