7
relationship with the delegating State, which relationship goes beyond the service
user beneficiary of said relationship.
10.
ACKNOWLEDGMENT OF RESPONSIBILITY
29.
In the Case of Ximenes-Lopes, the defendant State acknowledged, in
different terms, the events that have been attributed to it and their characteristics.
The acknowledgment consisted in express admissions of fact and a partial
acknowledgment of international responsibility. The Court has shown appreciation for
the State’s stance, which has both substantive and procedural repercussions and
smoothes the way for an upward trend in understanding that favors settlement
between the parties. Moral and legal issues surrounding this procedural behavior
stand up to scrutiny. Similar acknowledgments, which have been assessed by the
Court, were made during the same session period of the instant case, as in the two
cases submitted in July, 2006: Case of the Ituango Massacre (Colombia) and Case of
Montero-Aranguren (Venezuela).
Sergio García-Ramírez
Judge
Pablo Saavedra-Alessandri
Secretary