appeal” according to Article 67 de the Convention, ceasing to be an instrument agreed
by the Parties in litigation to become a ruling delivered by the Court.
C. The reparations and compensation
The judgment of the Court must include, among other matters, as indicated in Article
65(g) and (h) of the Rules of Procedure:
“the ruling on the case,” and
“the decision on reparations and costs, if applicable.”
Also, it should be recalled that, according to Article 66(1) of the Rules of Procedure,
“When no specific ruling on reparations and costs has been made in the judgment on the
merits, the Court shall set the date and determine the procedure for the deferred decision
thereon.”
The above signifies, therefore, that the corresponding judgment of the Court that
endorses a friendly settlement agreement must indicate, as pertinent, on the one hand,
if it endorses, rejects, amends or complements the settlement and, on the other hand,
the reparations and costs; although the Court may also decide the latter in a judgment
on reparations and costs.
From the foregoing, it can be concluded that there is no norm in the Convention, the
Statute or the Rules of Procedure that exempts the Court from determining the
corresponding reparations and compensation in its judgment, either on merits or on
reparations and costs, including those that endorse a friendly settlement reached by the
parties.
II. Execution of judgment
A. Confidentiality of the amount of the compensation
However, it must be added that there is also no provision in the Convention, the Statute
or the Rules of Procedure that authorizes the Court to keep the amount of the
reparations and compensation that it decides in its judgments confidential or secret.
Moreover, to the contrary, there is a treaty-based provision that supports precisely the
publication of this amount or quantum. Thus, Article 68(2) of the Convention
establishes:
“That part of a judgment that stipulates compensatory damages may be executed in the
country concerned in accordance with domestic procedure governing the execution of
judgments against the State.”
According to this treaty-based provision, the execution at the domestic level of an
international judgment necessarily implies that everything this judgment orders be
publicized. Otherwise, its full and complete execution would be impossible. Thus, the
question that arises in this regard is how can the international judgment be executed at
the domestic level of the State concerned, as it relates to compensation, if it does not
include the amount.
Since the Judgment orders that “[t]he State must pay the amounts established in the
agreement as compensation for pecuniary and non-pecuniary damage and for
reimbursement of costs and expenses, as appropriate, in the terms of paragraphs 131 to
142 of the Judgment” (eleventh operative paragraph), it is logical to conclude that, in
order to comply with this obligation, the State will be obliged to publicize these amounts,
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