17 - Second, one cannot decharacterize the crime of forced disappearance of persons as a continuing and complex crime; the fragmentation of its constitutive elements, even if pursuant to the application of law stricto sensu, as in the present case (by virtue of the limitation ratione temporis of the jurisdiction of the Court in the circumstances of the cas d'espèce), discloses the notorious artificiality of such decomposition, which marked the consideration by the Court of the present case in all its phases (preliminary objections, merits and reparations); - Third, the undue fragmentation of the continuing and complex crime of forced disappearance of persons, besides leading to unsatisfactory legal results, is endowed with an anti-historical character, in the sense that it points to the direction opposite to the contemporary doctrinal and jurisprudential development tending towards the consolidation of a true international legal regime against grave violations of human rights; - Fourth, there is pressing need, in this fin de siècle, of a reconsideration of the law of treaties itself in its entirety, and in particular of that pertaining to all forms of manifestation of State consent, starting from the necessary recognition of the special nature of human rights treaties and of the objective character of the conventional obligations of protection, with all legal consequences ensuing therefrom; - Fifth, the present system of reservations to treaties (set forth in the two Vienna Conventions on the Law of Treaties, of 1969 and 1986), surrounded by uncertainties, ambiguities and lacunae, is of a contractual and voluntarist character, and of a fragmenting effect; bearing in mind the special character of human rights treaties, there is pressing need to develop a system of objective determination of the compatibility or otherwise of the reservations with the object and purpose of such treaties, so as to preserve the integrity of these latter; - Sixth, such system of objective determination concerning reservations to human rights treaties in no way affects the unity of the law of treaties in the framework of Public International Law; on the contrary, it contributes to develop the aptitude of this latter to secure compliance with the conventional obligations of protection of the States vis-à-vis all human beings under their jurisdictions; - Seventh, the limitation - e.g., ratione temporis - of the jurisdiction of a conventional organ of protection in no way affects the responsibility itself of the State Party for violations of the rights protected by the human rights treaty at issue; the States Parties remain bound by such treaty as from the moment in which they ratified it or adhered to it, and the terms of acceptance of the jurisdiction of the organ of protection condition only that jurisdiction, but not the responsibility of the State Party; - Eighth, the fundamental human rights which admit no derogations a fortiori admit no reservations either, and integrate the domain of jus cogens; as an imperative of the universal juridical conscience, one ought to keep on fostering the development of the peremptory norms of international law (jus cogens) and of the corresponding obligations erga omnes of protection of the human being in any circumstances; - Ninth, all the persons who were withdrawn from the protection of the law such as, in the present case, the disappeared person and also his relatives - are

Select target paragraph3