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

GENERAL CONCLUSION

In the light of what precedes, the International Court of Justice as a principal legal body of the United Nations, plays a considerable part in the protection of the humans right, its role is also dominating with the pacification of the international company and the emergence of the new fields of international law.

No matter what this role as regards protection of the humans right is only incidental, it is appropriate to recognize that in this dynamics, the place of the Court is a place of choice, this is why one has the right to wonder whether it is not possible, allocate to him a particular responsibility as regards the humans right to avoid contrarieties of judgments between it and the other judicial bodies of the humans right, like international penal Courts or of the committees of humans right.

Indeed, it would be a pity for the evolution of the protection of the humans right, whom one witnesses contrarieties of judgments between these various jurisdictions, like that was the case between the stop of the CIJ on « Nicaragua », and that of the TPIY on « Tadic ». Judge Gilbert GUILLAUME estimates for that « that no new international jurisdiction must be created without wondering beforehand about the question of knowing if the functions that the international legislator intends to entrust to them could not advantageously be filled by an existing jurisdiction. The international judges must become aware of the dangers of fragmentation of the right and get busy to avoid them. But such efforts are likely to be insufficient and the International Court of Justice, only judicial body with universal and general competence, has a role to play in this field. In order to maintain the unit of the right, the various existing jurisdictions or to create could, seems to me it, being authorized, even encouraged to require in certain businesses of the advisory opinions of the Court via the Security Council or of the General meeting »^167(*). Thus, it would not be possible to allot to the Court a vocation universal jurisdiction as regards the humans right ?

With this question, the reflections must be carried out on two angles :

- Initially in the light of the business of the military and paramilitary activities in Nicaragua and against this one ;

- Then in the light of the Yerodia business of February 14, 2002.

With regard to the first business, the CIJ contributed in a very significant way to the evolution of the protection of the humans right by devoting several principles to humane character, and for this reason, it can be devoted well like a universal jurisdiction of the humans right. On the other hand, with regard to the second stop, the Court allowed itself to say the right while basing itself on what at all does not represent the right to know : « comity of nations », no matter what this stop is stop of principle, it is really not an example for a jurisdiction which wants to be « universal » as regards the humans right.

Being at the end of our study it falls to us to check our assumptions. Therefore, we note that our assumptions are checked indeed, in the direction where the Court plays indeed a part determining as regards protection of the humans right, this role is solidified by the various standards which it worked out and finally this role has a remarkable incidence in the pacification of the international company and the emergence of the new fields of international law namely the right to the environment and the right to health.

* ¹⁶⁷ Gilbert GUILLAUME  : Speech in front of the General meeting of the United Nations on October 30, 2000.