Assessing the validity of reservations to international human rights treaties through the lens of the International Court of Justice

Abstract

This article looks at the issue of the validity of reservations to international human rights treaties through the lens of the International Court of Justice (ICJ or Court). A broader perspective is created by comparing the respective positions adopted by other international bodies, such as the European Court of Human Rights (ECtHR), the Human Rights Committee (HRC), and the International Law Commission (ILC or Commission). In its 1951 advisory opinion in the Reservations to the Genocide Convention the Court provided a general legal framework on the issue of the validity of reservations to multilateral treaties. A proper understanding of that opinion and the subsequent practice of the human rights courts and quasi-judicial bodies has been essential with regard to informing and guiding the Commission in its work on this topic and during the preparation of its forthcoming ‘Guide to Practice’.