International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights
The International Court of Justice (ICJ), the main judicial body of the United Nations, has contributed significantly to the protection of human rights in its efforts to build up the rule of law on a global scale. The ICJ has dealt with issues directly related to the rights and interests of individu...
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| Format: | Article |
| Language: | deu |
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Istanbul University Press
2022-06-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DF51056910784E0AA39156938A4A3C05 |
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| _version_ | 1850204475433680896 |
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| author | Cüneyt Yüksel Deniz Baran |
| author_facet | Cüneyt Yüksel Deniz Baran |
| author_sort | Cüneyt Yüksel |
| collection | DOAJ |
| description | The International Court of Justice (ICJ), the main judicial body of the United Nations, has contributed significantly to the protection of human rights in its efforts to build up the rule of law on a global scale. The ICJ has dealt with issues directly related to the rights and interests of individuals in cases brought before it, and in the 21st century, began to endorse a more active approach in the protection of individual rights. This is apparent in several judgments since the early 2000s on the protection of certain consular rights. The relevant cases are LaGrand, Avena and Others, and Jadhav, the latter being one of the most recent judgments of the ICJ. In this article, these cases are examined in detail, to illustrate the abovementioned tendency of the ICJ. In particular, the different and more progressive aspects of the Jadhav Judgment compared to the LaGrand and Avena Judgments are highlighted. The main aim of this article is to prove the evolving approach of the ICJ in terms of actively protecting individual rights, through a comparison of three similar cases where it dealt with the violation of the same individual rights. |
| format | Article |
| id | doaj-art-e5c05ad3a00b4fecad2f5ec99d847202 |
| institution | OA Journals |
| issn | 2602-3911 |
| language | deu |
| publishDate | 2022-06-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Ceza Hukuku ve Kriminoloji Dergisi |
| spelling | doaj-art-e5c05ad3a00b4fecad2f5ec99d8472022025-08-20T02:11:17ZdeuIstanbul University PressCeza Hukuku ve Kriminoloji Dergisi2602-39112022-06-0110114010.26650/JPLC2022-1072147123456International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular RightsCüneyt Yüksel0https://orcid.org/0000-0001-8580-6967Deniz Baran1https://orcid.org/0000-0002-9761-1910İstanbul Üniversitesi, İstanbul, Türkiyeİstanbul Üniversitesi, İstanbul, TürkiyeThe International Court of Justice (ICJ), the main judicial body of the United Nations, has contributed significantly to the protection of human rights in its efforts to build up the rule of law on a global scale. The ICJ has dealt with issues directly related to the rights and interests of individuals in cases brought before it, and in the 21st century, began to endorse a more active approach in the protection of individual rights. This is apparent in several judgments since the early 2000s on the protection of certain consular rights. The relevant cases are LaGrand, Avena and Others, and Jadhav, the latter being one of the most recent judgments of the ICJ. In this article, these cases are examined in detail, to illustrate the abovementioned tendency of the ICJ. In particular, the different and more progressive aspects of the Jadhav Judgment compared to the LaGrand and Avena Judgments are highlighted. The main aim of this article is to prove the evolving approach of the ICJ in terms of actively protecting individual rights, through a comparison of three similar cases where it dealt with the violation of the same individual rights.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DF51056910784E0AA39156938A4A3C05lagrand caseavena casejadhav casethe vienna convention on consular relationsinternational court of justice and human rightsdiplomatic and consular rightsindividual rights |
| spellingShingle | Cüneyt Yüksel Deniz Baran International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights Ceza Hukuku ve Kriminoloji Dergisi lagrand case avena case jadhav case the vienna convention on consular relations international court of justice and human rights diplomatic and consular rights individual rights |
| title | International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights |
| title_full | International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights |
| title_fullStr | International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights |
| title_full_unstemmed | International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights |
| title_short | International Court of Justice Judgments on the Protection of Individual Rights in the Context of Diplomatic and Consular Rights |
| title_sort | international court of justice judgments on the protection of individual rights in the context of diplomatic and consular rights |
| topic | lagrand case avena case jadhav case the vienna convention on consular relations international court of justice and human rights diplomatic and consular rights individual rights |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DF51056910784E0AA39156938A4A3C05 |
| work_keys_str_mv | AT cuneytyuksel internationalcourtofjusticejudgmentsontheprotectionofindividualrightsinthecontextofdiplomaticandconsularrights AT denizbaran internationalcourtofjusticejudgmentsontheprotectionofindividualrightsinthecontextofdiplomaticandconsularrights |