I Book Review: The Humanitarian Face of the International Court of Justice. Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles
| Date | 01 December 2009 |
| Published date | 01 December 2009 |
| DOI | 10.1177/016934410902700413 |
| Subject Matter | Part D: DocumentationI Book Review |
I Book Reviews
Netherlands Q uarterly of Human R ights, Vol. 27/4 (2009) 655
seems to conict wit h her own emphasis on the need to be ever more reex ive and
inclusive and not exclude any form of suering from our concept ion of human rights
violations. is seems to entail at least some risk of paralysing human rights act ivism,
instead of spurring it on. She explains for instance that the disappeara nces in Chile
under Pinochet not only violated the rights of t he disappeared a nd their family and
friends, but a lso those of people who fear to be next, the rights of those who deplore
the disappearances, as well as those of every body else who feels intimidated and
incapacitated by them. However t rue this may be, the resp onsibility to do something
about human rights violations becomes daunting indeed if you would clearly picture
the magnitude of what you are up to.
Gentian Zyberi, e Humanitarian Face of the International C ourt of Justice. Its
Contribution to Interpret ing and Developing International Human Right s and
Humanitarian Law Rules and Principles, School of Human Rights Research, Vol. 26,
Intersentia, Antwerp, 20 08, xxiii + 524 p., ISBN: 978–9 0–5095–792–2*
In t he introduction to his book the author points out that in spite of the e xtensive
literature that has covered the activities of the International Court of Justice (ICJ) over
the six decade s of its existence, there is tod ay hardly any systematic deta iled study of
the contribution and the role of the ICJ in the interpretation and t he development
of international human rig hts and humanitarian law rules a nd principles. With
interpretation is here understood the legal process through which the ICJ has claried
the aim, scope and application of specic international human rights and humanitarian
rules and principles. De velopment stands not only for the Court ’s contribution to the
interpretation and application of ex isting rules of internationa l rules, but also for the
innovations th at the Court ha s introduced when dea ling with d ierent cases closely
concerned with human rights and humanitar ian issues. e author aims at lling this
gap.
e title of the bo ok refers to t he humanitarian face of t he ICJ. In my view that
title is too modest. In view of its content the author has succeeded in presenting a well-
documented and thorough study about the place of the ICJ amidst of a great number
of new institutions all deal ing with humanitarian law and human rig hts, that are also
all subject to fu ndamental and rapid developments over the last two decades.
Not only the place a nd role of the ICJ is discusse d, but also the role and ac tivities
of a number of international institutions involved in human rig hts and humanitarian
law. Special attention is given to the possible connexion between the jurisprudence and
practice of those institutions and those of t he ICJ. Out of the international crimi nal
tribunals the Yugoslavia Tribunal, the Rwanda Tribunal and the International
* Adriaan Bos , Former Legal Advis or of the Ministr y of Foreign Aairs in t he Netherlands.
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