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, including enhancing their justiciability. Substantial progress has been
made both at a regional and international level. Yet, not all thresholds have been reached.
The International Court of Justice (‘ICJ’) has never explicitly addressed cultural rights in its
case-law. Despite its ‘multicultural’ composition, it is only with great difficulty that the Court
examines questions related to culture. However, a thorough examination of the
jurisprudence of the ICJ reveals that opportunities to take cultural rights seriously have
arisen more than once. Recent judgments of the Court reveal the emergence of a certain
trend calling for a ‘culturally sensitive’ understanding of legal issues brought to the Hague.
The present paper submits that this trend is beneficial not only for the protection of cultural
rights, but also for the maintenance of human and cultural diversity, as well as for the
survival and livelihood of indigenous peoples. In light of the urgent worldwide need for
peace, addressing culture as a legal issue before the ICJ, in accordance with articles 36 and 60
of its statute, may be a fruitful pathway for the Court to follow in order to resolve
international disputes
