Awarded with the Max Van der Stoel Human Rights Award 2008
This book represents the first effort in assessing the role and contribution of the International Court of Justice (ICJ) in interpreting and developing rules and principles of international human rights and humanitarian law.
It has been no easy or straightforward task. First, the book addresses the Court’s possibilities and limitations in the fields of international human rights and humanitarian law. Second, in exposing the contribution of the Court the book provides a detailed analysis of relevant case law stretching from its establishment in 1946 to the end of 2007. It should be noted that through its case law the Court has managed to wed international law to humanitarian demands for protection and respect for individual human rights, human life, and human dignity. The third component of this book is the inquiry into the relationship between the ICJ and specialised international human rights and humanitarian law courts and tribunals and international quasi-judicial bodies. Finally, the author offers a number of conclusions and recommendations aimed at enhancing the possible role and impact of the ICJ in the fields of international human rights and humanitarian law and improving the international legal system concerned with the promotion and the protection of human rights.
About this book:
‘The balanced structure of the study as far as the reproduction of facts is concerned, together with the personal views and comments of the writer makes reading a must as well for scholars as for practitioners in international law. The timing of its publication is also well chosen.’
Adriaan Bos in the Netherlands Quarterly of Human Rights 2009 (655).
Chapter 1. Introduction (p. 1)
Chapter 2. The International Court of Justice: Possibilities and Limitations in the Fields of International Human Rights and Humanitarian Law (p. 17)
Chapter 3. ICJ’s Contribution to the Interpretation and Development of International Human Rights Law Rules and Principles (p. 65)
Chapter 4. ICJ’s Contribution to the Interpretation and Development of International Humanitarian Law Rules and Principles (p. 259)
Chapter 5. The ICJ, other International Courts and Tribunals, and Quasi-Judicial Bodies: Understanding the Pieces of a Puzzle (p. 343)
Chapter 6. Conclusions and Recommendations (p. 431)
Samenvatting (Summary in Dutch) (p. 449)
Annex 1 (p. 465)
Annex 2 (p. 467)
Annex 3 (p. 469)
Selected Bibliography (p. 473)
List of Cases (p. 507)
Index (p. 513)
About the author (p. 519)
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.
Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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