EL COMPROMISO DEL MAGISTRADO ANTÔNIO AUGUSTO CANÇADO TRINDADE CON LOS DERECHOS HUMANOS

Abstract

It is known that each judge of the International Court of Justice can present an individual opinion when she or she does not totally agree with the final judgement of the court. These opinions are called “Separate Opinion” or “Dissenting Opinion” depending on whether the judge agrees or not, totally or partly, with the majority of the Court. The present article analyses the five dissenting opinions Judge Cançado Trindade has written since 2009, which was the year of his incorporation as a Judge of the International Court of Justice

Those dissenting opinions, exposed in chronological order, are concerned the following judgements of the ICJ: Judgment of 1 April 2011 on the case concerning application of the International Convention on the Elimination of all Forms of Racial Discrimination (Georgia v. Russian Federation); judgment of 4 may 2011 concerning the territorial and maritime dispute (Nicaragua v. Colombia) application by Costa Rica for permission to intervene; judgment of 3 February 2012 on the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening); judgment of 3 February 2015 on the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia); Judgments of 5 October 2016 on the cases of Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. United Kingdom, India and Pakistan).