Interpretation of the human rights treaties by the International Court of Justice

The subject of this article is the role of the International Court of Justice (ICJ or Court) in interpreting human rights treaties. The article first sets out the limits of the Court's jurisdiction on human rights questions. Second, it analyses the ICJ's interpretive techniques, based also on cases concerning general treaty interpretation, in order to examine whether the Court has adopted an interpretive methodology comparable to some of the techniques of the ECtHR. It places this analysis within the broader debate as to whether a specialised approach to interpretation is required in the context of human rights treaties. Third, it considers a further important role that the ICJ can play in adjudicating on the relations between human rights and other issues of international law, including diplomatic protection, State immunities and international humanitarian law.