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

B- The demand for indication of academies measurements

Apart from the action of the International Court of Justice, academies measurements come from a demand for indication of the one of the parts in litigation. Indeed, according to article 73 of the Payment of the Court, this request can be made by one of the parts constantly of the procedure, in writing. It relates to the business to engage before the Court. It must indicate « the reasons on which they are based, possible consequences of its rejection and requested measurements » (article 73 Al 2 Payment). This request is examined before any other business and can require an emergency procedure to rule (article 86 Payment). It is the Court which decides then (article 41 Payment). If the Court does not sit, the President can take the ordinance necessary to face the situation. When the Court estimates that the circumstances require it, it with the faculty of its own chief, to indicate measurements academies landlord motu ; even if the CPJI nor the CIJ did not use of provision 41 of the Statute of the Court which does not oblige that this one either seized by such requests. In practice of the Court, the regulation of academies measurements generally intervenes at the request of the parts.

Having for object, in particular to prevent the extension or the aggravation of the disagreement, academies measurements can be different from those which are requested, or be even imposed on the part whose the request emanates. The Court has a discrétionnaire capacity to prescribe or refuse academies measurements^97(*).

It is starting from the examination of the circumstances carried to its attention that the Court decides. In the business of the disagreement frontier (Burkina Faso/Republic of Mali) the ad hoc room had shown not only the existence from a capacity, but also from one « to have of the room... to indicate academies measurements contributing to ensure the good administration of justice »^98(*).

* ⁹⁷ CIJ, Affaire relating to certain penal procedures engage in France (Republic of Congo against France), demand for indication of academies measurements, of June 17, 2003, Rec., 2003. p. 10. Here the Court sees in the circumstances of the species, no need for indicating academies measurements.

* ⁹⁸CIJ, Business of the military and paramilitary activities in Nicaragua and against this one (Nicaragua C. the United States), Ordinance of January 10, 1986, Rec., 1986, p. 10.