17
expressly and formally recognized their international responsibility.44 A friendly settlement
procedure requires participation and decision by all parties to the case. The Commission may
extend its good offices to help the parties talk to each other, but the outcome is out of its
hands.
56. Any party interested in a friendly settlement may propose it. In view of the purpose and
objective of the Convention, which is to defend human rights protected in the text, the State’s
participation in such a process cannot be understood as a recognition of responsibility, but
instead, as a good-faith gesture to uphold the purposes of the Convention. 45 The same is true
for measures adopted to implement recommendations by the Inter-American Commission.
57. The other question is the argument that the State admitted responsibility in the
domestic jurisdiction when it submitted the draft reform of the Code of Military Justice to the
national congress in 2007, and the reform was enacted the following year; this cannot be held
to have triggered effects in international law, as this was not the intention or objective of the
measure. The State made clear reference to the fact that it had been challenged before the
inter-American system in the Argüelles case and another case, as one of the reasons to pursue
reform of the Military Code of Justice. 46 A simple reading of the text sent to congress by the
minister of defense leaves no doubt that this is true. The Court would also note that an
acquiescence can be held as valid only if it is a clear expression of the State’s will.47 This was
not the case here.
58. As a consequence, the Court reaffirms that the State has not changed its position
regarding the human rights violations alleged in the instant case, and it has expressed its
objections from the very beginning of the proceedings before the Inter-American Court. In
conclusion, the principle of estoppel 48 does not apply in this case.
VI.
EVIDENCE
A. Documentary and expert evidence
59. The Court received a number of documents submitted as evidence by the Commission,
the representatives and the State, attached to their primary briefs (supra par. 1, 6, 8 and
44
Cfr., among others, Case of Barrios Altos v. Perú. Merits. Judgment of March 14, 2001. Series C No. 75, par.
31; Case of Pacheco Teruel et al. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C
No. 241, par. 15; Case of García Cruz and Sánchez Silvestre v. Mexico. Merits, Reparations and Costs. Judgment of
November 26, 2013. Series C No. 273, par. 12.
45
Case of Caballero Delgado v. Colombia. Preliminary objections, par. 30.
46
Cfr. Evidence file, folio 4. Law 26.394 was enacted on August 26, 2008, repealing the Military Code of Justice
and all its internal implementing rules, resolutions and provisions, and amending the Argentine Criminal Code and
Criminal Procedural Code. The new body of laws created a new military justice system.
47
Cfr. Case of Contreras et al. v. El Salvador. Merits, Reparations and Costs. Judgment of August 31, 2011.
Series C No. 232, par. 16.
48
The Court has held in its case law that a State, having taken a particular stance that triggers legal effects,
cannot later invoke the principle of estoppel and assume some other position that contradicts its original line and
alters the state of matters on which the other party had built its position. The estoppel principle has been recognized
and applied in general international law and in international human rights law. See, in this regard, the Case of Neira
Alegría et al. v. Peru. Preliminary Objections. Judgment of December 11, 1991. Series C No. 13, par. 29, Case of the
Río Negro Massacres v. Guatemala, par. 25, and Case of Santo Domingo v. Colombia. Preliminary Objections, Merits
and Reparations. Judgment of November 30, 2012. Series C No. 259, par. 15. 148.