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

SECOND PART : The EVALUATION OF the ROLE OF the CIJ IN

MATTER OF THE HUMANS RIGHT

The assertion of the promotion and the protection of the humans right aimed by the Charter of the United Nations and developed in the Universal Declaration of the Humans right constituted already a value internationalized in 1948. But since then, as Hubert THIERRY notes it : « the development of the right relating to the humans right was considerable and can one say exponential it is there undoubtedly one of the major aspects and undoubtedly most remarkable of the evolution of the international law... ». ^109(*)

The International Court of Justice took part in a considerable and effective way in the development of the promotion and the protection of the humans right. Thus, during many decisions, it had the occasion to recall that the respect of the humans right is an international obligation which engages all the States.

The international judge indeed, occupies an important place in the technical construction of the protection of the humans right ; it is enough to mention known the goods examples of the Court of Strasbourg or the Court inter American of the humans right. Their jurisprudence based on the conventional instruments, does not constitute only one irreplaceable element, but it contributes in a way increasingly major and sophisticated to protection of the humans right.

Within the specific framework of the interventions of the CIJ as regards the humans right, several appreciations can be made as for the incidence of these interventions on the States and the organizations and international institutions. This is why in this second part of our work, our attention will be focused on the appreciation of the impacts of the interventions of the CIJ. Thus, we will appreciate initially the contribution of the CIJ as regards the humans right to the level of the States, the international organizations and the international penal jurisdictions (chapter 1), then on the contribution of these interventions to international pacification and the emergence of the new fields of right (chapter 2).

CHAPTER I : A CONTRIBUTION LIMITEE BY THE INTERNATIONAL PRACTICES

The decisive contribution as regards the humans right of the interventions of the International Court of Justice appears as decreased by the practice of the States and the international Organizations. Indeed, if these entities are the privileged places of the application and the taking into account of the decisions of the Court, they are on the other hand not exemplary as for the implementation of the decisions of court. It is from this point of view that we consider initially the practice of the States and the international Organizations (section 1), then that for the international penal jurisdictions (section 2).

SECTION I : PRACTICE OF THE STATES AND THE ORGANIZATIONS

INTERNATIONAL

The States and the international organizations are not only the first receptacles of the decisions of the International Court of Justice, but they are also the first which have the duty to put these decisions into practice. Within the framework of this analysis, we will examine initially the practice of the States (paragraph 1), before leaning on that of the international organizations (paragraphe2).

* ¹⁰⁹Hubert THIERRY, «  Evolution of the international law  », general course of public international law. RCADI, 1990, III.