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

Paragraph 2: Timid practice of the international organizations

The international organizations are important actors for the emergence and the development of the promotion of the humans right. But their role remains still timid. For better illustrating our remarks, we will consider initially the possibility of the sasine of the CIJ (A), then the emergence of the role of these organizations (B).

A- International organizations and the sasine of the CIJ

An international organization is one « association of States consisted treaty, equipped with a common constitution and bodies, and having a legal personality distinct from that of the Member States »^124(*).

This definition could appear too much « doctrinal » and too reducing of the differences noted in practice international to reflect concrete reality. Catch literally in a reasoning a contrario it would oblige can be to draw aside from the category of the organizations, those of them which do not profit from the whole of the criteria retained in the definition^125(*).

In addition, all the international organizations are charged to collect near the Member States or to directly obtain information in the field of their competence. The development of the statistics, the reports/ratios and preliminary studies constitutes an essential task which is in particular used to support the normative and operational activities.

With regard to the practice of the international organizations as for the implementation of the decisions returned by the International Court of Justice, it would be important to make a classification between the specialized organizations of the United Nations and the other international institutions.

With the difference of the other international organizations, those of the system of UNO have the possibility of requiring an advisory opinion at the CIJ. Indeed, it is chapter IV of the Charter of the United Nations which has the consultation procedure in front of the CIJ. This procedure is open only to the international organizations. Article 96 §2 provides that apart from the General meeting and of the Security Council, can also ask an opinion the CIJ, any body of UNO and any specialized agency which would have been authorized there by the General meeting. This authorization was rather liberally granted, except notable for the Secretary-general of UNO.

Therefore, the World Health Organization asked the Court, September 3 1993^126(*) to give an advisory opinion on the following question : « taking into account the effects of the nuclear weapons on health and the environment, their use by a State during a war or of another war would constitute it a violation of its obligations taking into consideration international law, including the constitution of WHO ? » On January 6, 1995^127(*), it is the General meeting of the United Nations which pressed the Court of saying « as soon as possible » if it is « allowed in international law to resort to the threat or the use of nuclear weapons in any circumstance ». After a long reflection, July 8, 1996, the Court will give two advisory opinions : one rejects the request of WHO and the other provided an answer on the question of the General meeting. The request of WHO was rejected because the Court estimates that « whatever is the effects of the use of the nuclear weapons on health, the competence of WHO to treat some is not dependant on the admissibility of the acts which produce them »^128(*). Admittedly that WHO is qualified as regards co-operation for the improvement and the protection of the health of all the people^129(*). What is essential for us here, it is not as well the decision of the Court, but especially the possibility as with a body of the system of the United Nations to request an advisory opinion at the Court. Indeed, it is necessary to say that all the bodies of the United Nations practically work in synergy, in order to lead to a good coordination and a good implementation of the decisions taken by the Security Council, by the CIJ by the other jurisdictions of the system.

But it would be very interesting to undertake this time Ci a study on the practice of the institutions and organizations nongovernmental not belonging to the system of the United Nations.

* ¹²⁴ Sir Gerald FITZMAURICE, in A/CN. 4/101,  art 3, Year. TDCI. 1956 - II, p. 106.

* ¹²⁵ P. DALLIER and A. PELLET,  «  Public international law  », Paris, L.G.D.J. 1999, 6th ED. p. 572.

* ¹²⁶ Date of the registration at the Clerk's office of the Court of the letter of the general manager of WHO, communicating the reflection resolution WHA 46.40 adopted by the Parliament of WHO the 1e May 1993.

* ¹²⁷Date of the registration of the clerk's office of the letter of December 19, 1994 of the Secretary-general of UNO, communicating resolution 19/75k adopted by the General meeting on December 15, 1994.

* ¹²⁸CIJ, op.cit. §21.

* ¹²⁹Preamble to the constitution of WHO, to also see article 2 enumerating the functions of the organization.