5
into force of the respective human rights treaties for the States Parties at issue, have
generated effects which prolong in time after that entry into force.
13.
If the organs of international protection had not acted in this way, they would
have deprived such treaties of their appropriate effects (effet utile) in the domestic law
of the States Parties. And if one had taken into account only the facts subsequent to a
given date, in this way fragmenting and decharacterizing a continuing situation of
violation of human rights, even so one would have to consider also the facts prior to
that date, in order to identify and evaluate their prolonged effects in time (including
after that date).
14.
The reality of the facts is always richer than the formulation of the norms. And,
moreover, the facts normally precede the norms in time. For example, the expression
"forced disappearance of persons" came to be used almost four decades ago, as from
the mid-sixties. Gradually, along the following decade, it was being incorporated to the
vocabulary of the International Law of Human Rights. It was the reaction of the
universal juridical concience against that grave delict against the dignity of the human
person. Such reaction came, at last, to find concrete expression in recent years, with
the tipification of the forced disappearance of persons effectively as a delict (Article II)
by the Inter-American Convention on Forced Disappearance of Persons (1994),
encompassing interrelated delictive facts, and their characterization as a "crime against
humanity"11 by the Rome Statute of the International Criminal Court (1998), in its
Article 7(1)(i).
15.
The current diversification of the new forms of violation of human rights requires
a constant transformation and revitalization of the norms of protection of the human
being, at both substantive and procedural levels. The impact of the International Law of
Human Rights on the law of treaties can already be felt, what is reassuring. For
example, the recent Optional Protocol to the Convention on the Elimination of All Forms
of Discrimination against Women (1999) provides that its organ of supervision, the
Committee for the Elimination of Discrimination against Women, shall declare
inadmissible every petition or communication the facts of which, object of it, "have
taken place before the date of the entry into force of the present Protocol for the State
Party concerned, except if those facts continue to take place after that date" (Article
4(2)(e)).
16.
There is pressing need that the traditional law of treaties keeps on reconsidering
itself, so as
"to accompany and to regulate, with the precision which is characteristic of it, this
evolution, in such a way as to fulfil the new needs of safeguard - in any circumstances - of
the human being, ultimate subject (titulaire) of the rights of protection. One ought to
demystify the presentation, frequent and undue, of certain postulates as eternal and
immutable truths, as they appear rather as a product of their time, that is, juridical
solutions found in a given stage of the evolution of law, in accordance with the ideas
prevailing in the epoch"12.
11
.
Whenever they are committed as part of a generalized or systematic practice against the members of
a civil population.
12
.
IACtHR, case Blake versus Guatemala (Merits), Judgment of 24.01.1998, Separate Opinion of Judge
A.A. Cançado Trindade, Series C, n. 36, p. 84, par. 29.