3
application of the obligations erga omnes partes of protection already exist, and what is
urgently need is to develop their legal regime, with special attention to the positive
obligations and the juridical consequences of the violations of such obligations" (pars. 1314).
8.
One ought to likewise keep in mind the general obligation of the States Parties
to the American Convention to respect and to ensure respect for the norms of
protection, in all circumstances (Article 1(1)). Such obligation is the common
denominator between the American Convention and other human rights treaties10, as
well as of International Humanitarian Law11, "capable of leading us to the consolidation
of the obligations erga omnes of protection of the fundamental right to life, in any
circumstances, in times both of peace and of internal armed conflict", - as I added in
my Opinion referred to (par. 8) in the Las Palmeras case.
9.
This common denominator, the general duty to respect, and to secure the
exercise of, the protected rights12, is an element to "be taken into account for the
consolidation of the opposability of obligations of protection to all the States Parties to
such treaties, and in particular to the human rights treaties13, endowed with
mechanisms of supervision of their own". This is, - I concluded, - a general obligation,
which exists for all the States Parties inter se (in times of peace as well as of armed
conflict), to secure the integrity and effectiveness of the Convention: "this general duty
of protection (the collective guarantee) is of direct interest of each State Party, and of
all of them jointly (obligation erga omnes partes)"14.
10.
In effect, as I allowed myself to recall, in my Concurring Opinion in the
Provisional Measures of Protection ordered by this Court in the case of the Haitians and
Dominicans of Haitian Origin in the Dominican Republic (Resolution of 18.08.2000),
already by the mid-sixties International Law, independently of a clear recognition or not
Omnes Rules", 66 Nordic Journal of International Law (1997) pp. 234-235; M. Ragazzi, op. cit. infra n. (11),
pp. 135 and 213. And, on the relationship between jus cogens and erga omnes obligations, cf., inter alia, M.
Byers, op. cit. supra, pp. 211-239; A.J.J. de Hoogh, "The Relationship between Jus Cogens, Obligations Erga
Omnes and International Crimes: Peremptory Norms in Perspective", 42 Austrian Journal of Public and
International Law (1991) pp. 183-214.
10
.
Cf., e.g., American Convention on Human Rights, Article 1(1); United Nations Covenant on Civil and
Political Rights, Article 2(1); United Nations Convention on the Rights of the Child, Article 2(1).
11
.
Cf. Article 1 common to the four Geneva Conventions on International Humanitarian Law of 1949,
and Article 1 of the Additional Protocol of 1977 to the Geneva Conventions of 1949.
12
.
Paragraph 11 in my aforementioned Separate Opinion in the Las Palmeras case.
13
.
As correctly pointed out the Institut de Droit International (I.D.I.), in a resolution adopted in the
session of Santiago de Compostela of 1989, such obligation is applicable erga omnes, as each State has a
legal interest in the safeguard of human rights (Article 1); I.D.I., 63 Annuaire de l'Institut de Droit
International (1989)-II, pp. 286 and 288-289.
14
.
Paragraph 12 of my Separate Opinion in the Las Palmeras case (Preliminary Objections, 2000). -
And, on the meaning of the obligations erga omnes partes, opposable to all the States Parties to certain
treaties or to a given community of States, cf. C. Annacker, "The Legal Regime of Erga Omnes Obligations in
International Law", 46 Austrian Journal of Public and International Law (1994) p. 135; and cf. M. Ragazzi, The
Concept of International Obligations Erga Omnes, Oxford, Clarendon Press, 1997, pp. 201-202.