The ICERD in the Jurisprudence of the International Court of Justice

Abstract

This study aims to elucidate the boundaries and nature of the relationship between the International Court of Justice [hereafter, ICJ or the Court], the principal judicial organ of the United Nations, and the International Convention on the Elimination of All Forms of Racial Discrimination [hereafter, ICERD], a pivotal international human rights convention. Article 22 of ICERD delineates the theoretical framework of this relationship and the associated conditions. Meanwhile, several cases brought before the Court illustrate the practical interpretation and application of ICERD, with notable instances including the 2018 case between Qatar and the United Arab Emirates [hereafter, UAE], and the 2024 case between Russia and Ukraine.