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from Part III - The Impact of the ICJ’s Jurisprudence
Published online by Cambridge University Press: 18 May 2023
The chapter deals with the ICJ and human rights. It argues that, while the Court is not and will never be a specialised human rights court, it has a significant role in the protection and development of human rights. The author explains some structural obstacles and impediments to the engagement of the Court with human rights, and then offers some instances of substantial incorporation of human rights into the fabric of general international law through interpretation and legal concepts encompassing international community interests. The chapter suggests that structural disengagement in the sense of norms allowing only States to litigate before the Court does not impede substantial incorporation which may depend on other factors, including the changing attitudes of the ICJ judges and lawyers before the Court.
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