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33. Human Rights in the International Court of Justice: Are We Witnessing a Sea Change?

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Chapter Summary

This chapter explains the development of the jurisprudence of the International Court of Justice (ICJ) relevant to human rights. It shows that the role of the Court ought to be a modest one; less that of a progressive innovator and impulsegiver, functions for which the specialized regional human rights courts and global treaty bodies are better equipped, and more that of a guardian entrusted with assuring that international human rights law remain firmly "embedded" in general international law. In this regard, the Court has already made quite substantial contributions, due particularly to a recent sequence of cases which gave it the opportunity both to provide human rights with a more solid grounding in the general law and to indicate their place (as well as their limits) in the international legal system.

Keywords: human rights; International Court of Justice (ICJ); international legal system; jurisdiction



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