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The Contribution of International Court Of Justice in the Development of “Human Rights Jurisprudence”

Author Information
Name: Bal Krishan Chawla
Country: India
Publication Details
Year: 2016
Volume: Volume-3, Issue-1 (January-June)
Page Number: 42-53
Abstract
Abstract
The term protection of human rights which may mean implementation and enforcement
action does not find place in the U.N. Charter. Among the United Nations agencies only the
Security Council and the International Court of Justice can engage in enforcement action;
only they have a competence to pass a binding resolution or issue a binding judgment. The
Security Council can threaten or vote sanctions in relation to its own previous actions or that
of the Court. Enforcement is thus the authoritative application of human rights. All other
actions beyond promotion but short of enforcement may be considered as implementation
efforts.
Human rights are, therefore, those rights which belong to an individual as a consequence of
being human as a means to human dignity. These are the rights which all men everywhere
at all times ought to have, something of which no one may be deprived without a grave
affront to justice. They are based on elementary human needs as imperatives. Some of these
human needs are elemental for sheer physical survival and health. In the protection and
developments of human rights, the ICJ very often is not in a position to contribute to human
rights law, put its increasing sensitivity to the fate of human being has nevertheless
contributed to the humanization with individual complaints.
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