57 IX REPARATIONS (APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION) Duty to Make Reparations 134. In accordance with the analysis presented in the previous chapter, the Court has found that the Chilean State is responsible for violating the rights enshrined in Articles 8(1) and 25 of the American Convention, and for failing to comply with the duties arising from Articles 1(1) and 2 of said international instrument. The Court has established, on several occasions, that any violation of an international duty which has caused damage entails the duty to make proper reparations for said damage.155 To this end, Article 63(1) of the American Convention provides that: 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. 135. As the Court has held, Article 63(1) of the American Convention reflects a rule of customary law which constitutes one of the fundamental principles of contemporary International Law regarding the responsibility of the States. Thus, when a wrongful act imputable to a State occurs, pursuant to the international law that State becomes immediately responsible for the violation of an international norm, with the consequent duty to make reparations and cause the consequences of the violation to cease.156 136. Redressing the damage caused by the breach of an international duty requires, as far as possible, restitutio in integrum, which means restoring the situation to that prior to the violation. Should this be impossible, it is for the international court to establish a series of measures aimed not only at ensuring respect for the violated rights, but also at redressing the consequences of the breach and ordering the payment of compensation for the damage suffered. It is also necessary to add the positive measures a State must undertake to guarantee that injurious acts like the ones of the instant case do not occur again. The duty to make reparations, governed by International Law in all of its aspects (scope, nature, modality, and the determination of beneficiaries) may not be altered or breached by the respondent State by invoking domestic legal provisions.157 137. Reparations, as the term itself suggests, are the measures intended to cause the effects of the violations committed to disappear. Their nature and amount 155 Cf. Case of Montero-Aranguren et al. Judgment of July 5, 2006. Series C No. 150, para. 115; Case of Ximenes-Lopes, supra note 14, para. 207; and Case of the Ituango Massacres, supra note 14, para. 345. 156 Cf. Case of Montero-Aranguren et al., supra note 155, para. 116; Case of Ximenes-Lopes, supra note 14, para. 208; and Case of the Ituango Massacres, supra note 14, para. 346. 157 Cf. Case of Montero-Aranguren et al., supra note 155, para. 117; Case of Ximenes-Lopes, supra note 14, para. 209; and Case of the Ituango Massacres, supra note 14, para. 347.

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