Chapter

The New Challenges and the Role of the International Court of Justice

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0021
The New Challenges and the Role of the International Court of Justice

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In the past fifteen years, international tribunals have contributed immensely to the development of humanitarian law. At the same time, there has been a tangible increase in the number of cases involving international humanitarian law appearing on the docket of the International Court of Justice (ICJ). The classic doctrine that ‘individuals are not subjects in international law’ has eroded. International human rights law has developed to allow individuals to ‘escape’ from the twin problems of international access to justice and the problem of suing their own governments. Some of the most celebrated cases that the ICJ was involved in were the Corfu Channel Case pitting the United Kingdom against Albania; the conflict between Pakistan and Bangladesh over prisoners of war; military and paramilitary activities in and against Nicaragua; reservations to the Genocide Convention; legality of nuclear weapons; Uganda versus Congo over the latter’s armed activities; and the conflict in the Balkans.

Keywords: International Court of Justice; international tribunals; international law; Corfu Channel; prisoners of war; Pakistan; Bangladesh; Nicaragua; nuclear weapons; Balkans

Chapter.  8603 words. 

Subjects: Public International Law

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