La Cour internationale de justice et la problématique des droits de l'homme

CHAPTER II : The INTERVENTION OF the CIJ IN FAVOR OF HUMAN DIGNITY

The concept of human dignity indicates an ideological evolution of the international company and its legal kind which results from the progress of the interdependence and which is changing the international law. « It is obvious that it is an increased conscience of the human dignity which is with the base of the movement of proclamation and protection of the humans right on the international level, in particular after the horrors of the second World war. The international texts on the matter are more explicit remainder in this respect. »^79(*).

The International Court of Justice by devoting the concept of humanity or elementary considerations of humanity, refers indeed, with the common interests of all the men, with the universal good common and the existence of a more interdependent international community. Rules of humanity and reinforcement of protection on the practical level of the individuals and the populations within the framework of the action inter official ; these rules reveal the cardinal importance which the protection of the basic rights must have of the human person and the rules of the humane right in the interetatic relations, and they contribute, by doing this, to concretely guarantee the compliance with the fundamental rules of humanity in all circumstances.

Thus, we will consider the elementary considerations of humanity (section 1), before examining their impact in academies measurements, which also tighten they to protect human dignity (section 2).

SECTION I : ELEMENTARY CONSIDERATIONS Of HUMANITY

Our will examine initially in this section, the humane character of the legal provision (paragraph 1), before considering the range of the concept of elementary considerations of humanity (paragraph 2).

Paragraph 1: Humane character of the legal provision

Here, we initially will define the elementary considerations (A), before examining their contents (B).

A- Definition and dedication

The International Court of Justice was brought to take part in the field of the humane right just a few years after its creation, that initially appeared with the business of the Strait of Corfou in which the Court affirmed the existence of « certain principles general and recognized, such as the elementary considerations of humanity, more absolutes still in times of peace that in times of war »^80(*). It deduced from it that Albani should have made known the existence of a minefield in the Strait of Corfou and « to inform the British warships, at the moment when they approached, of the imminent danger to which this minefield exposed »^81(*).

The considerations of humanities are a whole of background information which tighten with the protection of the fundamental needs human being (life, physical integrity, to be well, etc...). These considerations are likely to influence the interpretation and the application of international legal provisions, for example in the right of the war like in the humane right.

The elementary considerations of humanity thus evoked will be it again in several other decisions of the Court, for example in the stop of May 24, 1980 concerning the diplomatic and consular Personnel from the United States in Teheran^82(*), or at the time of the mining of the ports of Nicaragua by the United States^83(*). In this last business, the Court estimated that not only the behavior of the States can be appreciated according to the basic general principles of the humane right, but still that article 3 commun run with four Conventions of Geneva of August 12, 1949 states certain rules having to be applied in the wars not presenting an international character. It added that these rules also constitute, in the event of war international, a minimum independently of those more elaborate which come to be added to it for such conflicts. It thereafter condemned the United States to have produced and spread among the forces « countered » a handbook of guerilla encouraging to make contrary acts with the principles thus pointed out.

However, it sied to recognize that « the right of The Hague is not the only one to be thus inspired by principles or elementary habits of humanity. It shares this privilege with the right of Geneva, at least concerning article 3 commun run with four Conventions of Geneva of August 12, 1949 »^84(*). Ten years after the stop of 1986, the Court, on the request the General meeting, gave an opinion on July 8, 1996 on the admissibility of the use of the nuclear weapons by a State in a war. The Court in this opinion lengthily analyzed the applicable humane right in the event of war to conclude that the use of nuclear weapons would be generally contrary with this right, but that in the current state of this right, it could not decide on the assumption or the survival even of a State would be in question.

* ⁷⁹Alain Didier OLINGA, «  Concept of dignity in international law of the humans right, principle of unification or pretext with handling  ?  » Human Dignity in Africa, Book of the UCAC n°1,  Yaounde, PUCAC, 1996, pp. 233-234.

* ⁸⁰ CIJ, Strait of Corfou, stop, bottom, stop of April 9, 1949, Rec., 1949, p. 21.

* ⁸¹ Ibidem.

* ⁸²CIJ, diplomatic and consular Personnel from the United States in Teheran, stop of May 24, 1980, Rec., 1980, p. 42 and 43.

* ⁸³CIJ, military and paramilitary Activities in Nicaragua and against this one, bottom, stop of June 27, 1986, CIJ, Rec., 1986, p. 112.

* ⁸⁴TOKEN ENTRY DUPUY, «  Elementary considerations of humanity in the jurisprudence of the International Court of Justice  », Mixtures Nicolas VALTICOS, Paris, A. PEDONE, 1999, p. 122.