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

B- The emergence of the role of the international organizations

We will begin this part while speaking about an organization not like the others, namely the International Committee of the Red Cross (ICRC). Indeed, the ICRC is a neutral, impartial and independent organization. By its nature and its composition, the ICRC is a nongovernmental organization. Its mandate, which is to protect and to assist the victims of the wars was conferred to him by the States, through four Conventions of Geneva of 1949 and their additional protocols of 1977. Such an amount of its mandate that its legal statute confer a character particular to the ICRC, which dissociates at the same time intergovernmental agencies, such as the institutions of the United Nations, and other nongovernmental organizations. Indeed, the ICRC was seen recognizing the statute of observer- reserved in theory for the intergovernmental organizations and the States non-member- by the General meeting^130(*). This statute extended to the international Federation of the companies of the Red Cross and the Red Crescent^131(*). In the majority of the countries where it works, the ICRC concluded an agreement from seat with the authorities. These agreements which raise of the international law, grant the ICRC the privileges and immunities from which profit normally the intergovernmental organizations (immunities of jurisdiction, in particular, which protects it from the procedures administrative and legal, and inviolability of its buildings, files and other documents).

The ignorance of the right being the enemy of his application, the ICRC recalls to the States that they were committed making known some the contents. It is also given the responsability to diffuse it itself. It still points out that they must take all measurements necessary to ensure its effective application, therefore its respect to them. It does it in particular by its advisory services, of which the goal is to provide a technical aid to the authorities for the adoption of the laws and national payments of application of this right in the internal order.

However, it sied to recognize that the ICRC, is engaged more on the humane action, and does not have coercive means. Apart from the case of the ICRC, there are several other NonGovernmental Organizations (ONG) activists and militant of the humans right, which become today of true partners of the public action, cooperate permanemment with the institution, and with the effective relay of mass media attracted by the glare of information, they exert a sufficient pressure on the legal mechanism.

One raised in a recent past the presence of ONG in connection with the problems of the environment, mines anti personnel and even in the legal context of the Opinion on the admissibility of the threat or the use of nuclear weapons, for which, they weighed not only on the request addressed to the Court, but still largely held feather in the drafting of many official talks. One knows for example that the Conference of Rome on the international penal Court was marked by the influence of many ONG, which were true partners of the negotiation, either directly or indirectly by investing certain delegations by defining their position and in their providing the corresponding argumentations, sometimes even while expressing oneself on their behalf, via members integrated in the official representation of the State. The generalization and the systematization of the engagement of these organizations make to some extent these last are the third « key character » and the international authorities which do not concern an official logic in addition, like, in the precise case, international penal Court^132(*).

* ¹³⁰ Resolution 45/6 of the General meeting of October 16, 1990.

* ¹³¹ Resolution 49/2 of the General meeting of October 19, 1994.

* ¹³² Article 15 §2 of the Statute of the international penal Court.