Minister Plenipotentiary Tiriticco on the inchoate right to human dignity


On 27 October 2016, at the 71st General Assembly Meeting on the Report of the International Court of Justice, Minister Plenipotentiary Andrea Tiriticco, Director for International Legal Affairs at the Ministry of Foreign Affairs, reaffirmed Italy’s abidance by the international rule prohibiting the use of force in inter-State relations. In his words:

At the international level the peaceful settlement of disputes is an obligation for States which is clearly set out in the UN Charter and the core value of the international community, which decided to ban the use of force. In this connection, the availability of judicial settlement through the International Court of Justice, the principal judicial organ of the UN, is a key component.

Interestingly, on the same occasion Mr Tiriticco also took the view that a new international norm, presumably a custom or a general principle of law, would be now emerging from the practice of States and in particular of domestic courts. This norm would correspond to the right to human dignity. He stated that:

As the international community framework expands to include new actors and a progressively tightened network of relations, and as international law adjusts to new scenarios, we cannot fail to recognize the increasing call for the primacy of a number of principles that should constitute the pillars of peace in this new magmatic world order.

In this respect, we express our belief that the inalienable right to human dignity is one of such fundamental principles emerging in international law. It draws its force not only by virtue of its universality but also from the recognition given by States, whether constitutionally enshrined or through a consolidating domestic jurisprudence.

From this perspective, we wish to convey our vision that the international law system should ensure its own effectiveness through a fairly balanced approach between the different principles governing the international community today.

The full text of the statement can be found here.

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