Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The ICJ and the Individual

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of International Community Law Review

Procedurally, individuals do not have access to the Court, or standing before the ICJ. Pursuant to the relevant articles 34.1 and 65 of the ICJ Statute individuals cannot be parties in contentious cases or in advisory opinions respectively. Individuals can be heard as witnesses and experts but this does not transform the persons in question to parties. However the individual is not completely ignored by the ICJ. On the contrary, the rights of the individuals are a core element of the legal reasoning in several decisions of the Court. These rights can be dwelt upon through an examination of the relevant human rights and humanitarian law sources. Rough this approach the court can take the individual in consideration either in an abstract fashion or in a more clearly defined way. Findings of violations in abstracto without reference to named individuals were made in the Democratic Republic of Congo v. Uganda Case, and the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory Opinion. On the other hand, the Court may identify violations that affect clearly identified individuals, as was the case in the Breard, LaGrand and Avena cases. In some of these cases not only was a violation found but the Court went even further by addressing the issue of reparation owed. It is, consequently, evident that through the examination of human rights and humanitarian law sources and the decisions of the relevant human rights bodies the individual, although not a direct party to the dispute may, nevertheless, constitute a source of inspiration for the legal thought-processes of the Court.

Affiliations: 1: Åbo Akademi University


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Community Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation