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1 |
ID:
126069
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Publication |
2013.
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Summary/Abstract |
This article uses the case study of the question of whether human rights treaty law applies extraterritorially as a means of exploring the general theme of the value of the International Court of Justice's involvement in human rights, when compared to such involvement by specialist human rights bodies. The Court's express pronouncements on the issue, in the Wall Advisory Opinion, the DRC v. Uganda judgment, and the Provisional Measures Order in Georgia v. Russia, as well as an earlier more general statement in the Namibia Advisory Opinion, are compared to determinations on the issue by specialist courts and tribunals. The article begins by setting out the broader historical context of the ICJ's involvement in human rights issues. It then analyses the different ways in which this involvement can be critically appraised, in the process making the case for the focus adopted herein, on a comparison between the role of the Court and that of specialist human rights tribunals on issues of meaning/interpretation rather than application/enforcement, and, within this, on comparative analysis concerned with the generalist/specialist distinction itself rather than the relative merits of positions taken on the substantive law. Such a focus is then deployed through a detailed critical evaluation of the Court's statements in the decisions indicated. Finally, the article summarizes the significance of the Court's determinations on the extraterritorial application of human rights law, and the broader relevance of these determinations for understanding the role of the ICJ in the field of human rights more generally.
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2 |
ID:
141962
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Summary/Abstract |
Jewish individuals and organisations played a cardinal role in making and promoting the 1948 Genocide Convention. The early attitude of the Jewish state—established a few months before the Convention’s conclusion—has not hitherto been explored. This analysis reconstructs Israel’s involvement in the 1951 advisory proceedings at the International Court of Justice concerning the Convention. Based on Ministry of Foreign Affairs archives and Court records, it demonstrates that contrary to what scholarship on subsequent episodes assumes or implies, Israel had no particular attachment to, nor was it vested in, the Convention. Rather, its attitude ranged from indifference and disinterest to scepticism and hostility. It allowed Israeli diplomats to utilise the Convention as a means to affect other neither urgent nor imperative foreign policy ends.
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