9
praised material progress (enjoyed, in reality, by very few) has simply not been
accompanied pari pasu of concomitant advances at spiritual level.
24.
And this, despite the visionary allegories of Aldous Huxley and George Orwell,
added to the penetrating reflections by Arnold Toynbee, Ernst Cassirer and Stefan
Zweig, in the first half of the XXth century29, - and followed by the grave warnings of
thinkers of the stature of Bertrand Russell, Karl Popper, Simone Weil, Isaiah Berlin and
Giovanni Sartori, among others, in the second half of the XXth century30. At this
beginning of the XXIst century, there persist the gap between egoism and human
solidarity, and the divorce between specialized knowledge and wisdom. As the
recurrent violations of human rights with extremes of cruelty show, the human being of
the digital era and of the fluxes of "volatile" capitals, just like his predecessors of more
primitive societies, keeps on bearing the germ of good and evil, continues to be capable
of victimizing his fellowmen in a growing scale31, and remains involved - at the same
time - in cosmos and chaos.
25.
In my Separate Opinion in the Bámaca Velásquez case (Judgment on the
merits, of 25.11.2000), I saw it fit to express my understanding of the unity of the
human kind in the links between the alive and the dead (pars. 14-18), which, on their
turn, call for the respect to the mortal remains of every person. Such remains, - I
recalled, - are the object of regulation by the penal law of numerous countries, which
tipify and sanction the crimes against the respect for the dead (par. 11). International
Humanitarian Law likewise imposes expressly the respect for the mortal remains of the
persons who died, as well as a proper grave for them32.
26.
The present Judgment on reparations in the case of the "Street Children", in this
same line, decides that the respondent State "ought to provide the resources and adopt
the other necessary measures for the transfer of the mortal remains" of one of the
murdered adolescents and "the subsequent burial at the place of the choice of his
relatives" (resolutory point n. 6, and cf. par. 102). In a temporal dimension, one has to
keep always in mind the struggles of our ancestors for the rights we today enjoy; if for
after this existence rights are not needed (as from the death of their titulaires),
nevertheless duties subsist33.
29
.
A. Huxley, Brave New World (1932); G. Orwell, Animal Farm (1945), and 1984 (1949); A.J.
Toynbee, Civilization on Trial (1948); E. Cassirer, The Myth of State (1946); S. Zweig, Die Welt von Gestern
(1944).
30
.
B. Russell, "Knowledge and Wisdom", in Essays in Philosophy (1960); K. Popper, The Lesson of This
Century (1997); S. Weil, Réflexions sur les causes de la liberté et de l'oppression sociale (1991, posthumous
work); I. Berlin, "Return of the Volksgeist: Nationalism, Good and Bad", in At Century's End (1996); G.
Sartori, Homo Videns - La Sociedad Teledirigida (1998). And cf. also, inter alia, Frantz Fanon, Les damnés de
la terre (1961); Eric Hobsbawn, Age of Extremes (1994); Alain Finkielkraut, L'humanité perdue (1996).
31
.
As illustrated in our days by the scorn of the arsenals of weapons of mass destruction, which
constitute a clamorous insult to human reason, and to humankind as a whole.
32
.
Geneva Convention of 1949 on the Protection of Civilians in Time of War, Article 130; Additional
Protocol I of 1977 to the Geneva Conventions of 1949, Article 34.
33
.
N. Alcalá-Zamora y Torres, La Potestad Jurídica sobre el Más Allá de la Vida, Buenos Aires, Ed. Jur.
Europa-América, 1959, p. 22.
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