B. The Court’s role
6. With regard to the Court, it should be recalled that its role is to impart justice in the
area of human rights pursuant to the law and, more specifically, pursuant to the
Convention. Consequently, it enjoys the broadest possible autonomy in its task, which
means that it is essential that it is extremely rigorous in the exercise of it competences
and, therefore, in its respect for the principles inherent in every jurisdictional body,
such as impartiality, independence, objectivity, political neutrality, equanimity, full
equality before the law and justice, non-discrimination and absence of prejudice, and
all of this in order not to undermine the efforts it has been making for more than 40
years.
7. Moreover, based on the foregoing and also recalling that the objective sought by the
Court in the exercise of its contentious jurisdiction should be the prompt and effective
restoration by the State concerned of respect for the violated human rights, 14 it is
essential that it proceed pursuant to the principle of “pacta sunt servanda”;15 in other
words, require of the State what it really freely and sovereignly undertook to comply
with.16 Thus, the legal security that this rule signifies should not be understood as a
limitation or restriction for the development of human rights, but rather as the
instrument that can best ensure respect for them.
8. Likewise, it should be noted that, although disputes relate to the violation of rights of
the individual and even though the latter may, based on the regulations, although not
on the Convention, lodge briefs before the Court and be heard by it, 17 the corresponding
proceedings continue to be between States Parties to the Convention and, in the Court
(a) international conventions, whether general or particular, establishing rules expressly recognized by
the contesting states;
(b) international custom, as evidence of a general practice accepted as law;
(c) the general principles of law recognized by civilized nations;
(d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo if the parties agree
thereto.”
Art. 63(1): “If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom
that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the
injured party.”
14
15
Art. 26 of the Vienna Convention on the Law of Treaties: "Pacta sunt servanda." Every treaty in force is binding upon the parties
to it and must be performed by them in good faith.
Hereinafter, the Vienna Convention on the Law of Treaties will be identified as “the Vienna Convention”.
16 Art.
33: “The following organs shall have competence with respect to matters relating to the fulfillment of the commitments made
by the States Parties to this Convention:
a. the Inter-American Commission on Human Rights, referred to as “The Commission;” and
b. the Inter-American Court of Human Rights, referred to as “The Court.”
17
Art. 25(1) of the Court’s Rules of Procedure: “Participation of the Alleged Victims or their Representatives. Once notice of the
brief submitting a case before the Court has been served, in accordance with Article 39 of the Rules of Procedure, the alleged
victims or their representatives may submit their brief containing pleadings, motions and evidence autonomously and shall continue
to act autonomously throughout the proceedings.”
And Arts. 39(1)(d) and (5), 40, 42(3), 43, 46(1), 50(5), 51(5), (7) and (9). 52(2), 53, 56, 62, 63, 66(2), 66(1) and (6), and 69(1) and (3),
all of the Court’s Rules of Procedure.