CRITICAL REEVALUATION OF THE CONCEPT OF “CIVILIZED NATIONS” IN ARTICLE 38 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

Abstract

This article provides a comprehensive critical analysis of the concept of “civilized nations” in Article 38 of the Statute of the International Court of Justice (ICJ), addressing its deep roots in Eurocentrism and colonialism. It examines how this term, historically used to legitimize the superiority of European powers, has influenced the shaping of international law and the exclusion of non-European peoples. Through a historical and doctrinal approach, the evolution of this concept is analyzed, from its emergence during the colonial era to its persistence in contemporary international legal structures. Additionally, the article explores the implications of this term in the decolonization process and the incorporation of new postcolonial states into the international system, highlighting the urgent need for a critical review of this colonial vestige. Finally, concrete alternatives are proposed for the modernization and replacement of the term “civilized nations,” aimed at building a more inclusive and equitable legal framework that not only reflects the cultural and political plurality of the modern world but also promotes justice and equality in international relations, adapting to the complexities and challenges of the 21st century.