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

B- The intervention of the Court as regards interference

The International Court of Justice intervened in a rigorous way as regards interference, in the business of Nicaragua ; in the species, the United States to found their intervention in Nicaragua, showed this one to have violated engagements concerning the protection of the humans right. But the Court declares that « in any case, if the United States can certainly carry their own appreciation on the situation of the humans right to Nicaragua, the use of the force could not be the suitable method to check and ensure the respect of this right. As for measurements which were taken in fact, the protection of the humans right, considering his strictly humane character, is not in any way compatible with the drive, the armament and the equipment of « countered ». The Court concludes that the reason drawn from the safeguarding of the humans right to Nicaragua cannot justify the control of the United States juridically »^148(*).

The interference actually does not constitute a right, and that applies for all the subjects of international law. Within the framework of the Security Council of the United Nations, the interference in the businesses of a State can take place only on the basis of article 2 paragraph 7 of the Charter, but it should be added that the action must be placed within the framework of chapter VII, i.e. within the framework of its competences as regards maintenance of peace. It is in this right wire that the massive violation of the humans right melts from now on the competence of this Council.

Thus, several coercive actions were undertaken for situations constituting of the threats for peace, under the terms of article 39 of the Charter.

Indeed, the principle of noninterference in the interior businesses is not opposable any more in the event of violation of « great scale » of the basic human rights, to take again expressions used by many States before resolution 688 of April 5, 1991 concerning the minorities in Iraq (Kurdish, Shiites...). In fact considerations of this kind inspire the Council Resolutions of Safety concerning the ex Yugoslavia and Somalia. Very instructive appears to us to be resolution 929 of 22 June 1994 authorizing France (and the other countries wishing to take part in the humane operation in Rwanda) with « to employ » all means necessary for two months in order to protect the civil ones and to stop a dramatic massacre. Very significant also appears to us to be the resolution 1556 (2004) authorizing a military intervention in Sudan in order to restore peace in Darfour.

The problems of the concept of interference are also posed within the framework of the humane assistance. The International Court of Justice judged that « the supply of a strictly humane help... could not be regarded as an illicit intervention »^149(*). The Security Council confirmed this jurisprudence in his resolution 733 (1992), while asking all the parts to facilitate the routing by UNO of the humane assistance towards all those which need some^150(*). He make in the same way in Bosnia-Herzégovine in his resolution 758 (1992) by requiring that « all the parts and different interested immediately create the conditions necessary to the distribution without humane obstacle of supply in Sarajevo »^151(*).

The humane assistance is however the source of regrettable confusions (actually of the political and economic interests subjacent) because of the practice as well of the States as of the international organizations^152(*).

* ¹⁴⁸CIJ, military and paramilitary Activities in Nicaragua and against this one, stop of June 27, 1986, CIJ, Rec., 1986, pp. 134-135.

* ¹⁴⁹ CIJ, COp cit., P.125. §242.

* ¹⁵⁰S/res./733 (1992) of January 23, 1992, K. WELLENS, resolutions and declarations of the Security Council (collection set of themes), Bruyant, Brussels, 1993, p. 343.

* ¹⁵¹S/res./758 (1992) of June 8, 1992, RGDIP, 1992/4, p.1047.

* ¹⁵²J.D. BOUKONGOU, «  The coordination of the humane policies  : which lessons starting from the experiments of central Africa  ?  » Stakes n° July-September 8, 2001, p. 9-12.