Chapitre XIV. La Saisine De La Cour Internationale De Justice En Cas De Violation Des Règles Fondamentales De L’ordre Juridique International

Abstract

This chapter is in French with an English summary. In the instruments setting forth the relevant rules of procedure of the International Court of Justice there are no specific provisions governing its jurisdiction in instances of a violation of fundamental rights. Fundamental rights can be opposed erga omnes , which justifies affirming locus standi of any State for the defence of these rights. It is therefore easier to bring a dispute relating to fundamental rights before the Court than any other dispute. Yet, without the consent of the respondent State, the Court cannot pronounce on the merits of the matter. Admittedly, these obstacles are inherent in the current structure of the international society, which remains permeated by respect for State sovereignty. This explains the growing interest in advisory proceedings, in particular in instances where fundamental rights are at issue as in the case of the Wall in Palestine. Keywords: advisory proceedings; erga omnes ; fundamental rights; International Court of Justice; jurisdiction; State sovereignty