Humanization of International Law Process

interpreting decisions the internacional court of justice to the protection of the human

Abstract

The catastrophes encountered in the twentieth century revealed the failure of the proactive positivism as a predominant strand in international law. Therefore, from the end of the second millennium, human rights protection started to gain a central position in the international agenda. In the sense of the Human Rights Regional Court - especially the interamerican and the european -, the International Court of Justice - ICJ, gradually, has been making way to the process of humanization of international law. That is, even though the matter is about an interstate litigation court, the recent demonstrations by the ICJ allows to conclude that the overcoming of a strictly positivist paradigm is close. Rooted in the reflections from the “founding fathers” of the matter, the “humanitarian vision” strives to insert the human as a subject of international law. Now, if the State exists for the individual - and not the individual exists for the State-, cartesian that should be acknowledged to this - the individual - the international legal capacity. That said, three important demonstrations by the Court of Haia draw the attention of the international law´s researchers - among them, the current judge of the ICJ, the brasilian Antônio Augusto Cançado Trindade - and will have their contexts thoroughly analysed: the case jurisdictional immunities of the State (Germany vs. Italy - Greece intervening ) ; the advisory opinion about the Declaration of Independence of Kosovo; and the A.S Diallo case (Republic of Guinea vs. Democratic Republic of Congo).