One of the goals of the ICC is to deter the worst violations of international law as a means of protecting fundamental human rights. On the contrary, violations of fundamental human rights still occur globally. Register to receive personalised research and resources by email, Interpretation of the human rights treaties by the International Court of Justice, International Court of Justice, The Hague, The Netherlands, International Court of Justice, The Hague, The Netherlands ; Three Crowns LLP, Paris, France, /doi/full/10.1080/13642987.2019.1600509?needAccess=true, The International Journal of Human Rights.

Guatemala Office: +502 23 60 19 19 Third, it considers a further important role that the ICJ can play in adjudicating on the relations between human rights and other issues of international law, including diplomatic protection, State immunities and international humanitarian law. The Office of the Prosecutor interprets the interests of victims as generally weighing in favor of prosecutions, and therefore “seeing justice done,” though the protection of victims is also considered. The ICC fills this gap by prosecuting individuals who have committed serious violations of international law. Do cases before the Court play a role in establishing peace, or is justice best received after the conclusion of a conflict? Registered in England & Wales No.

// -->, Bangkok Office: +66 261 984 77 Despite the widespread adoption of the Declaration of Human Rights, as well as the additional treaties established for the protection of human rights, their mere existence and support is not an insurance of protection of human rights by all States. Second, it analyses the ICJ’s interpretive techniques, based also on cases concerning general treaty interpretation, in order to examine whether the Court has adopted an interpretive methodology comparable to some of the techniques of the ECtHR. The International Court of Justice has been set up to allow protection of people, whether diplomats or natural persons, in countries where they are foreigners. The article first sets out the limits of the Court’s jurisdiction on human rights questions. Nepal Office: +977 01 5000730/731 Both authors write in a personal capacity and their views are not to be attributed to the International Court of Justice, to Three Crowns LLP, or to any of its clients.


However, it is understandable that in the battle of national and international law the struggle to implement justly can be of issue.

Payam Akhavan suggests that any deterrence is incremental, but that slow change is still fundamental. Following the Second World War, the global community was faced with the challenge of rebuilding a world torn apart by some of the worst atrocities in history.
While courts exist for the punishment of individuals, their punishment also strives to serve as a deterrent for other potential perpetrators of crimes.

This chapter focuses on the influence of the Court on the development of the law relating to the UN.

102 WEST DUKE BUILDING1364 CAMPUS DRIVEEAST CAMPUS DURHAM, NC USA, Crime or Conflict: Differing Perspectives on the Role of Human Rights in Rakhine State, Venezuela and the Violation of Human Rights. Tunis Office: +216 71 962 287, Commissioners from Middle East & North Africa, Part Three: from the 1990’s into the 21st century, Americas: ICJ’s presence in Central America, UN-ExpertMeeting-JudgesLawyersPrevention-2018, ICJ calling on the EU: Children should never be coerced into providing fingerprints. The Court emphasizes, “the broader matter of international peace and security is not the responsibility of the Prosecutor,” but that it is an important consideration. An effective Court can play a monumental role, in collaboration with the existing human rights framework, in the protection of the most fundamental human rights.

institutional factors defining the ICJ’s field of action. F +41 (0)22 979 38 01 Amelia Keene was formerly an Associate Legal Officer at the ICJ and is now an Associate at Three Crowns LLP, Paris. Until comparatively recently the Court was a ‘Court of sovereign States’. 1 Similarly, the International Court of Justice (ICJ) has played a significant role in the development of the international protection of human rights, more generally. This issue has raised significant debate.

The subject of this article is the role of the International Court of Justice (ICJ or Court) in interpreting human rights treaties. 2 Since international human rights treaties generally have their own dispute settlement procedure, the … An analysis of the impact of ICC investigations would aid in examining their role in the protection of human rights.

We use cookies to improve your website experience. 5 Howick Place | London | SW1P 1WG. For the ICC, the establishment of justice takes precedent over the establishment of peace in their role as a court, though the Court acknowledges, “that justice is an essential component of a stable peace.” Notably, in Article 53 of the Rome Statute, the Prosecution is obliged to take into consideration the interests of justice and victims before starting an investigation. ICJ – International Commission of Jurists The authors wish to thank Harry Aitken, former University Trainee at the ICJ for his valuable research assistance. 3099067 Johannesburg Office: +27 11 024 82 68

Brussels Office: +32 2 734 84 46 1211 Geneva 8, Switzerland, T +41 (0)22 979 38 00 Rue des Bains 33 Without such a mechanism for enforcement, the treaties serve only as a reminder of the importance of rights. ¶ 3My starting point is that ICJ is not a specialized human rights institution, either in terms of its mandate, its jurisdiction, its procedures, or its personnel. It is a truism that since the end of the Second World War there has been both a deepening of the substantive law of human rights and a broadening of what is perceived as human rights entitlements…. By closing this message, you are consenting to our use of cookies. This can only be possible through a systematic and continued evaluation of the impact of its investigations and prosecutions in order to determine best practices, and while outside parties have begun conducting such research, an adoption of the same practice by the Court will allow not only for in-depth research to be done, but also for an implementation of the findings of such work. Connect with us on social media or subscribe to our news feed to receive regular updates. It was in this context that the Universal Declaration of Human Rights, the foundation of the human rights framework, was adopted in 1948. Hyeran Jo and Beth Simmons also point to a conditional effectiveness of the Court in deterring crimes. The two entities, in both their conception and goals, share an indisputable interconnectedness. If the Court has a deterrent effect, despite prioritizing justice, it will also aid in the establishment of peace. var part1 = "info"; these elements may well limit the Court’s future role in the human rights arena. Given the role the ICC can play in filling the accountability gap for the international human rights framework, the Court should take on this responsibility by making its work as effective as possible in preventing future violations of human rights. From the establishment of the NHRC, it played a very important role to protect Human Rights in the functions of Criminal Administration of Justice. But, as it is above all a c… It places this analysis within the broader debate as to whether a specialised approach to interpretation is required in the context of human rights treaties.