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Sivakumaran, Sandesh --- "The International Court of Justice and Human Rights" [2010] ELECD 201; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 12

Section Title: The International Court of Justice and Human Rights

Author(s): Sivakumaran, Sandesh

Number of pages: 27

Extract:

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 mecha-
nisms 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 ...