ABSTRACT

It is commonplace to state that, in a formal sense, in the field of international human rights law, the role of the International Court of Justice is restricted. This is due not only to the lack of individual locus standi but also to a relatively low number of jurisdictional clauses in human rights instruments, the application of which may be further limited through reservations or procedural preconditions for recourse to the Court. This chapter considers the Court’s contribution to clarifying and strengthening the normative status of human rights norms in general international law, particularly through its discourse of erga omnes obligations and norms of jus cogens. It examines the Court’s approach to the interpretation of human rights treaties and its position regarding the scope of application of human rights treaties. The chapter looks at the role of the Court in the enforcement of human rights, including through its interaction with other judicial bodies and other mechanisms concerned with human rights.