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

CHAPTER II : A DECISIVE CONTRIBUTION TO the PACIFICATION OF the INTERNATIONAL COMPANY AND A the EMERGENCE OF the NEW FIELDS OF RIGHT

To maintain peace and safety international is the prime objective assigned with the United Nations, the base even of its existence, the imperative reason of its creation. With various recoveries, the bodies of the United Nations adopted resolutions establishing a bond between the pleasure of the humans right and the maintenance of peaces and safety international. One of first was resolution 110 (II) of the General meeting of November 3, 1947, in which the Parliament recalling that all the Member States were committed acting as well jointly as separately to support the universal and effective respect fundamental freedoms which include/understand in particular the freedom of expression, to condemn « any propaganda... which is intended or which is likely to cause or to encourage, within the framework of the constitution, the diffusion of any information intended to express the undeniable desire of peace and all the people.

The participation of the International Court of Justice in this dynamics of peace is not any more to show. We will also see that beyond international pacification (section 1), the International Court of Justice by its jurisprudence was used as a basis for emergence of new fields of international law such as : right to the environment and right to health (section 2).

SECTION I : THE CIJ, JUSTICE OF THE PEACE

The importance of international peace for the pleasure of the humans right and of fundamental freedoms is highlighted in several businesses of the International Court of Justice, we will thus consider in this section, the consolidation of the right to peace (paragraph 1) and the problems of the right of interference (paragraph 2).

Paragraph 1 : Consolidation of the right to peace

We will consider here the role of the CIJ in the consolidation of the right to peace (A), before noting that this role is shared with the Security Council (B).

A- The role of the CIJ in the consolidation of the right to peace

The obvious and massive violations of the humans right including the economic, social and cultural rights, can involve the world in wars, thus, the full respect of the promotion of the humans right and fundamental freedoms requires the reign of peaces and safety international. The concept of consolidation of peace, just as it is appears in the Diary for peace^141(*), constitutes the conceptual base of the operations tending to the construction of the State. To take again the terms of its author, « in the range of the efforts of peace, the concept of consolidation of peace, as an introduction of an environment, new, must be regarded as forming part with the preventive diplomacy, which aims at avoiding a crisis ; the consolidation of peace after the conflicts aims at preventing that it does not reproduce^142(*).

The International Court of Justice has certainly a role- difficult but indisputable as regards maintenance of peace, which is unanimously allowed since the business of « military and paramilitary activities ». Because it is « the decisive criterion of the existence of an international legal order »^143(*), the CIJ has a key role to play so that the anarchistic character is moderate. It can, parallel to the political and economic instruments of the re-establishment of peace, to make the international relations surer, to alleviate the fatal instincts which break out at the time of a war or to support the reconciliation in the States torn by one or more conflicts.

* ¹⁴¹ B. BOUTROS GHALI,  «  Diary for peace  », 2° editions, N.U., New York, 1995, pp. 64-66.

* ¹⁴²Ibidem, p.65  ; to see in the same direction, O.Paye,  «  Operations of maintenance of peace and new local disorders  »  ; in A. Daen and Al With the research of the new world order. II. UNO  : changes and challenges, Brussels, ED. Complex, 1993, pp.93-136, p.95.

* ¹⁴³C. Leben, «  International jurisdiction  », Right, n° 9, 1989, p.143.