Cultural Rights in the Case-Law of the International Court of Justice

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, adjudication and justiciability. Substantial progress has been made both at a regional and international level, as well as before national jurisdictions. Yet, not all thresholds have been reached. Despite its 'multicultural' composition, the International Court of Justice (‘ICJ’) has never explicitly addressed cultural rights in its case-law. However, a thorough examination of its jurisprudence reveals that opportunities to take cultural rights seriously have already arisen. Moreover, recent judgments of the Court reveal the emergence of a certain trend calling for a ‘culturally sensitive’ interpretation of legal issues. The present paper submits that this trend is beneficial not only for the protection of cultural rights, but also for the maintenance of cultural diversity, particularly when issues related to indigenous peoples’ survival and livelihood are involved. In light of the urgent worldwide need for peace, addressing culture as a legal issue before the ICJ, may be a fruitful pathway for the Court order to resolve international disputes.

Keywords: cultural rights, ICJ, cultural diversity, intangible cultural heritage, collective claims, indigenous rights