Year
2018
Volume
12
Number
2
Page
222
Language
English
Court
Reference
L. LYRA JUBILUT en A. SANCTIS, “Human Rights at the International Court of Justice: The Construction of a Conversation from Judges’ Individual Opinions”, HRILD 2018, nr. 2, 222-240
Recapitulation
The International Court of Justice (ICJ) may be seen as a powerful tool in implementing and advancing International Law. Little attention, however, has been given to how the construction of a conversation on human rights appears in the Court’s decision-making. An analysis of the ICJ’s approach to human rights must deal with not only collective but also individual separate or dissenting opinions by its Judges. Since 2010, four cases have shown possible trends towards a different approach by the ICJ to human rights, mainly through its Judges’ individual opinions. These trends include an inclination to emphasise different methodological assessments regarding the human rights issues or conventions, differentiating these cases from previous approaches by the Court, and bringing in standards previously considered extraneous to the ICJ. This article aims at contributing to the assessment of the ICJ as a locus of material and methodological human rights discussion, analysing, through the argumentative practice of the ICJ, the current construction of a dialogue on human rights at the Court.