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Part I The Human Rights Mandate of the Principal Organs, 4 The International Court of Justice

Bruno Simma

From: The United Nations and Human Rights: A Critical Appraisal (2nd Edition)

Edited By: Frédéric Mégret, Philip Alston

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Human rights

This chapter evaluates the International Court of Justice, which is one of the United Nation’s principal Charter bodies, and its principal judicial organ. As such, it hears cases brought by states against others and can render advisory opinions sought by certain organs of the UN and international organizations authorised to do so, both of which bear on a wide range of international legal issues. The ICJ is not specifically a human rights body, but its jurisprudence may have, indeed has had, an impact on international human rights law. The chapter then looks at the interpretation and application of human rights by the ICJ. It also assesses the linkage of the Court and human rights, identifying two phases in the engagement of the Court with human rights matters.

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