5 14. The specificity of the international law of human rights finds expression not only in the interpretation of human rights treaties in general but also in the interpretation of specific provisions of those treaties. Pertinent illustrations can be found in, e.g., provisions which contain references to general international law. Such is the case, for example, of the requirement of prior exhaustion of local remedies as a condition of admissibility of complaints or communications under human rights treaties; the local remedies rule bears witness of the interaction between international law and domestic law in the present domain of protection, which is fundamentally victim-oriented, concerned with the rights of individual human beings rather than of States. Generally recognised principles or rules of international law - which the formulation of the local remedies rule in human rights treaties refers to, - besides following an evolution of their own in the distinct contexts in which they apply, necessarily suffer, when inserted in human rights treaties, a certain degree of adjustment or adaptation 15, dictated by the special character of the object and purpose of those treaties and by the widely recognised specificity of the international law of human rights16. b) Procedural Issues. 15. Both the European and Inter-American Courts have rightly set limits to State voluntarism, have safeguarded the integrity of the respective human rights Conventions and the primacy of considerations of ordre public over the will of individual States, have set higher standards of State behaviour and established some degree of control over the interposition of undue restrictions by States, and have reassuringly enhanced the position of individuals as subjects of the International Law of Human Rights, with full procedural capacity. In so far as the basis of their jurisdiction in contentious matters is concerned, eloquent illustrations of their firm stand in support of the integrity of the mechanisms of protection of the two Conventions are afforded, for example, by the decisions of the European Court in the Belilos versus Switzerland case (1988), in the Loizidou versus Turkey case (Preliminary Objections, 1995), and in the I. Ilascu, A. Lesco, A. Ivantoc and T. Petrov-Popa versus Moldovia and the Russian Federation case (2001), as well as by the decisions of the Inter-American Court in the Constitutional Tribunal and Ivcher Bronstein versus Peru cases (Jurisdiction, 1999), and in the Hilaire, Constantine and Benjamin and Others versus Trinidad and Tobago (Preliminary Objection, 2001). 16. The two international human rights Tribunals, by correctly resolving basic procedural issues raised in the aforementioned cases, have aptly made use of the techniques of public international law in order to strengthen their respective jurisdictions of protection of the human person. They have decisively safeguarded the integrity of the mechanisms of protection of the American and European Conventions on Human Rights, whereby the juridical emancipation of the human person vis-à-vis her own State is achieved. They have, furthermore, achieved a remarkable jurisprudential construction on the right of access to justice (and of obtaining reparation) at international level. 17. In its historical Judgment in the case, concerning Peru, of the massacre of Barrios Altos (2001), e.g., the Inter-American Court warned that provisions of amnesty, of prescription and of factors excluding responsibility, intended to impede the investigation and punishment of those responsible for grave violations of human 15 . Cf., e.g., IACtHR, Advisory Opinion n. 11, on Exceptions to the Exhaustion of Domestic Remedies [cf.] (1990). 16 . Cf. A.A. Cançado Trindade, The Application of the Rule of Exhaustion of Local Remedies in International Law, Cambridge, University Press, 1983, pp. 1-443.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents