The Genocide Convention as a Human Rights Treaty: The Possible Contribution of the Inter-American Court of Human Rights to the Jurisprudence of the International Court of Justice

Abstract

This article reflects upon the potential contribution of the jurisprudence of the Inter-American Court of Human Rights (iachr) to international law. This is done through an analysis of the debates related to two aspects of the 2007 judgment of the International Court of Justice (icj) on the application of the Genocide Convention, judgment which has received a great amount of criticism, in part because the approaches adopted by the icj differ from those adopted by human rights courts. The jurisprudence of the iachr has been used to illustrate these differences and to articulate the challenges that they pose to an understanding of the international legal system as a unified system. This article argues that due consideration of the jurisprudence of the iachr could have strengthened the persuasive force of the icj judgment, because it would have required the icj to clearly indicate the arguments relied on for choosing one of the different, and sometimes contradictory, approaches.