6
18.
In conclusion, the present case, which reveals the new dimensions of the
international protection of human rights, discloses moreover the great potential of the
existing mechanisms of protection, resorted to in order to protect collectively the
members of a whole community (suggesting an affinity with the class actions), even
though the basis of action is the violation - or the probability or imminence of violation of individual rights. The embryo of an actio popularis under the American Convention
lies rather in the mechanism of operation of the inter-State petitions, which may
perhaps be utilized in the future, when the conscience is developed of the necessity to
construct a true international ordre public based upon the respect for human rights.
19.
The present case, moreover, brings clearly to the fore the obligations erga
omnes of protection; such obligations can perfectly be vindicated by the operation of
the existing conventional mechanisms for the application of the obligations erga omnes
partes, it being incumbent in our days to develop their legal regime, with special
attention to the positive obligations of the States Parties and the juridical consequences
of the violations of such obligations. The juridical development of the obligations erga
omnes partes of protection assumes an increasingly greater importance, above all in
the face of the diversification of the sources (including the non-identified ones) of
violations of human rights, - so evident in a situation of internal armed conflict as in the
present case. Such situation, in its turn, requires the recognition of the effects of the
American Convention vis-à-vis third parties (the Drittwirkung), besides revealing the
approximations and convergences between the norms of the American Convention
Americana and those of International Humanitarian Law, as well as the potential of
action of the Provisional Measures of Protection in this context, in which they are
endowed with a character, more than precautionary, truly tutelary, in safeguarding
human rights.
20.
But, beyond all these considerations, there is a key-point which transcends the
domain of Law. It is difficult to avoid the impression that the present case appears as a
microcosm of the brutalized world of our days; in all corners of the world, in differents
latitudes, there are surely communities whose members, such as those of the
Community of San José of Apartadó, aspire, above all, simply to live in peace. The case
of the Community of Peace of San José of Apartadó reaveals the tragedy of the
contemporary world, which, along with the considerable scientific-technological
advances, appears increasingly more indifferent to the luck of the human beings. The
present case of the Community of Peace of San José of Apartadó discloses,
furthermore, one of the greatest truths of the human condition: that, from a truly
communitarian perspective, the luck of one is ineluctably linked to the luck of the
others. The International Law of Human Rights cannot remain indifferent to that.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary