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

B- PROLEMATIQUE AND ASSUMPTIONS

The definition of the problems (A) induces that of the assumptions (B).

1- Problems

The International Court of Justice which is the principal legal body of the United Nations had the occasion on several occasions to come to a conclusion about aspects touching with the humans right. It did it by advisory way^23(*) , but also by contentious way^24(*) . If jurisprudence accredits the idea that the standards relating to the humans right from now on are more integrated into the general international law^25(*), it does not remain about it less than the international judge, by « legal prudence » undoubtedly to tendency to identify say them standards by themselves or their wording, but at all by their source^26(*).

Therefore, no stop or opinion of the International Court of Justice comprises assertion express in favor of the membership of the principles relating to the protection of the humans right, either with the common law, or with the category of the general principles of right^27(*). In addition, it should well be been appropriate that the standpoint of the jurisdiction of The Hague is made conspicuous especially by their generic character. This is why the essential question that we will consider within the framework of our study is that of knowing how is what the International Court of Justice approaches the problems of the humans right? Therefore, we then will reflect on the effectiveness of its action in comparison with the universal protection of the humans right, and finally we will consider the means of improving its intervention as regards the humans right.

* ²³ CIJ, reserves with Convention for the prevention and the repression of the crime of genocide of December 9, 1948, advisory opinion of May 28, 1951, Rec., 1951

CIJ, admissibility of the threat or the use of the nuclear weapons, advisory opinion of July 8, 1996, Rec., 1996  ;

CIJ, legal Consequences of the construction of a wall in the occupied Palestinian territory, advisory opinion of July 9, 2004.

* ²⁴ CIJ, military and paramilitary Activities in Nicaragua and against this one (Nicaragua against the United States), stop of June 27, 1986, Rec., 1986.

CIJ, Barcelona traction, light and power, limited, stop of February 5, 1970, Rec, 1970  ;

CIJ, Business relating to certain committed penal procedures in France (Republic of Congo against France), demand for indication of academies measurements, June 17, 2003, Rec., 2003  ;

CIJ, Business relating to the warrant for arrest of April 11, 2000 (DRC against Belgium), stop of February 14, 2002, Rec., 2002.

* ²⁵ Caçado TRINIDADE, «  the jurisprudence of the International Court of Justice on the intangible rights  », in D. Prémont and others, Right intangible and states of exception, Bruylant, 1996, p.69.

* ²⁶ G. ABI-SAAB, «  sources of the international law  : test of déconstruction  », Amicorum Liber, E  ; Jiménez de Aréchaga, Montevideo FCU, 1994, p. 43.

* ²⁷ B.SIMMA and pH. ALSTON, «  The sources off human rights law: Darmouth, 1996, p.26.