Cultural rights in the case-law of the International Court of Justice (ICJ)

Abstract

One of the most remarkable developments of the new millennium has been the expansion of debates on culture at the highest levels of the international community’s decision-making processes. This development has necessarily had an impact on cultural rights empowerment, including enhancing their justiciability. Substantial progress has been made both at a regional and international level. Yet, not all thresholds have been reached. The International Court of Justice (‘ICJ’) has never explicitly addressed cultural rights in its case-law. Despite its ‘multicultural’ composition, it is only with great difficulty that the Court examines questions related to culture. However, a thorough examination of the jurisprudence of the ICJ reveals that opportunities to take cultural rights seriously have arisen more than once. Recent judgments of the Court reveal the emergence of a certain trend calling for a ‘culturally sensitive’ understanding of legal issues brought to the Hague. The present paper submits that this trend is beneficial not only for the protection of cultural rights, but also for the maintenance of human and cultural diversity, as well as for the survival and livelihood of indigenous peoples. In light of the urgent worldwide need for peace, addressing culture as a legal issue before the ICJ, in accordance with articles 36 and 60 of its statute, may be a fruitful pathway for the Court to follow in order to resolve international disputes.