The International Court of Justice (ICJ) protects human rights indirectly by resolving disputes between states, interpreting international law and issuing advisory opinions. It can clarify obligations and order urgent protection, but individuals cannot bring cases directly.
How the ICJ Protects Human Rights
The ICJ is the United Nations' principal judicial organ. Its role illustrates interdependence because political actors interact through international legal frameworks.
| Function | Contribution to human rights |
|---|---|
| Contentious cases | Decides state disputes. Judgments bind the parties, but jurisdiction usually requires state consent or a treaty clause. |
| Provisional measures | Orders binding emergency protection against irreparable harm during proceedings. |
| Advisory opinions | Provides generally non-binding guidance to authorized United Nations bodies, with legal and political authority. |
| Treaty interpretation | Clarifies duties under treaties such as the Genocide Convention and the Convention against Racial Discrimination. |
In The Gambia v Myanmar, filed in November 2019, The Gambia alleged violations of the Genocide Convention against the Rohingya. On 23 January 2020, the ICJ ordered Myanmar to prevent prohibited acts, preserve evidence and report regularly. This demonstrates how one state can invoke international law to protect people beyond its territory.
However, the ICJ cannot prosecute individuals, accept direct applications from victims or independently enforce judgments. Compliance may depend on states and the United Nations Security Council, where political interests can obstruct implementation. This creates tension between international legal authority and state sovereignty.
A common misconception is that the ICJ and International Criminal Court are the same. The ICJ determines state responsibility, whereas the International Criminal Court prosecutes individuals for international crimes.