Researching International and Human Rights Law

Posted on by Tim Sanzi

Researching International Law & Human Rights Cases

International law and human rights cases can be complex to research due to the variety of sources, jurisdictions, and tribunals involved. Unlike domestic law, where cases and statutes are typically found in a centralized system, international legal research requires navigating treaties, customary international law, and decisions from multiple international courts. Here’s a short guide to help you get started.

1. Understand the Sources of International Law

The primary sources of international law, as outlined in Article 38 of the Statute of the International Court of Justice (ICJ), include:

  • Treaties and Conventions – Formal agreements between states, such as the UN Charter or the European Convention on Human Rights.
  • Customary International Law – Established state practices accepted as legally binding.
  • General Principles of Law – Fundamental legal principles common to major legal systems.
  • Judicial Decisions & Scholarly Writings – Court rulings and expert opinions that help interpret international law.

2. Identify Key Courts and Tribunals

Different courts and tribunals handle international legal disputes and human rights violations. Some of the most important include:

  • International Court of Justice (ICJ) – The primary judicial body of the United Nations, handling disputes between states.
  • International Criminal Court (ICC) – Prosecutes individuals for war crimes, genocide, and crimes against humanity.
  • European Court of Human Rights (ECtHR) – Enforces the European Convention on Human Rights.
  • Inter-American Court of Human Rights (IACHR) – Protects human rights in the Americas.
  • African Court on Human and Peoples’ Rights – Oversees human rights in Africa.
  • United Nations Human Rights Treaty Bodies – Committees monitoring compliance with treaties like the International Covenant on Civil and Political Rights (ICCPR).

3. Use Reliable Research Databases

Several legal research databases and resources can help you locate international law and human rights decisions:

  • Oxford Reports on International Law – Provides case law from international courts and tribunals.
  • HeinOnline: U.S. Treaties and Agreements Library – A comprehensive database for treaty research.
  • Westlaw and LexisNexis – Offer international law materials, including cases, treaties, and secondary sources.
  • United Nations Treaty Collection (https://treaties.un.org/) – The official UN repository of treaties.
  • World Legal Information Institute (WorldLII) – Free access to international legal materials.

4. Research Treaties and Conventions

When researching international human rights issues, treaties often serve as the foundation. To find a treaty:

  • Check the official websites of treaty bodies (e.g., UN, Council of Europe, Organization of American States).
  • Review status and reservations to understand a country’s obligations.
  • Use the Vienna Convention on the Law of Treaties (1969) for interpretation rules.

5. Find Case Law and Precedents

International courts publish decisions that interpret and enforce treaties. To locate relevant cases:

  • Visit the websites of international courts (e.g., ICJ, ICC, ECtHR) for official rulings.
  • Use HUDOC (https://hudoc.echr.coe.int/) for European Court of Human Rights cases.
  • Search UN Treaty Body Jurisprudence (https://juris.ohchr.org/) for human rights committee decisions.

6. Consult Secondary Sources

Legal scholars, NGOs, and international organizations often publish insightful analyses of human rights cases. Useful sources include:

  • International Law Journals – Such as the American Journal of International Law or Human Rights Quarterly.
  • NGO Reports – Organizations like Human Rights Watch and Amnesty International provide case law summaries.
  • Law Library Guides – Many law schools and libraries provide research guides on international law topics.

Conclusion

Researching international law and human rights cases requires navigating multiple sources, jurisdictions, and legal traditions. By understanding key courts, using reliable databases, and staying updated on developments, you can effectively find and analyze international legal materials. Whether you’re working on a legal brief, academic paper, or advocacy project, these research strategies will help you build a strong foundation in international law. As always, the Zief law librarians are available to help with any of your research questions!