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1 results

  • 2 - Diplomatic Protection

  • from Part I - The Individual in the Law of the International Court of Justice
  • Yusra Suedi, University of Manchester
  • Book:
    The Individual in the Law and Practice of the International Court of Justice
    Published online:
    25 March 2025
    Print publication:
    08 May 2025, pp 42-69

  • Summary

    This chapter argues that while great strides have been made to humanise the law of diplomatic protection, its practice in the courtroom is not in alignment with this as the protected individual does not participate in proceedings. It first dismantles the famous Mavrommatis fiction and argues that other conditions for diplomatic protection (such as nationality and the exhaustion of local remedies) and its features (such as state discretion and state responsibility) have been increasingly humanised to place emphasis on the individual. Second, it analyses the case law to show how the individual does not participate in proceedings at the Peace Palace. Finally, it provides suggestions to advocate for stronger procedural participation for the injured individual in cases of diplomatic protection at the ICJ.