5
domestic law is not, for the purposes of the Court’s respective ruling, more than a “fact” and more
specifically and generally, an “act.” Therefore, in interpreting an international legal norm it is
important to distinguish between this situation and the one addressed in the preceding paragraph.
12.
The above is also related to the fact that the Court’s imperative to rule according to public
international law means that it must consider the law as it is established, and not as it wishes it to
be. Among other peculiarities of that branch of law that essentially governs inter-state relations and
which, as regards the Convention, is reflected in the fact that only the States Parties - those that
signed and ratified it -24 are obligated to respect and guarantee the rights recognized therein, 25 it is
important to bear in mind that only those who have recognized the contentious jurisdiction of the
Court and of the Inter-American Commission for Human Rights26 can submit a case to these organs.27
It should also be recalled that the Commission represents all the States, 28 that the States Parties to
the Convention that appear before the Court undertake to abide by its decisions 29 and that, in the
event of non-compliance, the Court must notify the General Assembly of the Organization of
American States30 and 31. Certainly, this is not an obstacle for the Convention to provide for the rights
a) Is attributable to the State under international law; and
b) Constitutes a breach of an international obligation of the State.”
Article 3: “Characterization of an act of a State as internationally wrongful. The characterization of an act of a State as
internationally wrongful is governed by international law. Such characterization is not affected by the characterization of the
same act as lawful by internal law.”
Article 4:” Conduct of the organs of a State.1. The conduct of any State organ shall be considered an act of that State under
international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds
in the organization of the State, and whatever its character as an organ of the central government or of a territorial unit of
the State.
2. An organ includes any person or entity which has that status in accordance with the internal law of the State.”
24
Preamble to the Convention, first phrase: “The American states signatory to the present Convention,”
Article 1(1): The States Parties to this Convention undertake to respect the rights and freedoms recognized herein
and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic
status, birth, or any other social condition.”
2. For the purposes of this Convention, “person” means every human being.
25
26
Hereinafter, the Commission.
27
Article 61(1): “Only the States Parties and the Commission shall have the right to submit a case to the Court.”
28
Article 35: “The Commission shall represent all the member countries of the Organization of American States.”
Article 68: “1. The States Parties to the Convention undertake to comply with the judgment of the Court in any case
to which they are parties.
2. 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.”
29
Article 65: “To each regular session of the General Assembly of the Organization of American States the Court shall
submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the
cases in which a state has not complied with its judgments, making any pertinent recommendations.”
30
31
Hereinafter, the OAS.