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The Commission also notes that the case involves matters pertaining to InterAmerican public order. Specifically, the instant case will enable the Court to develop its
jurisprudence on various topics related to the context of internal armed conflict. First:
regarding the states’ obligations within the framework of military operations in an internal
armed conflict, using international humanitarian law as the source for interpreting the
relevant standards of the American Convention. In addition to the matter of direct state
responsibility, the instant case also raises the matter of attribution of responsibility to the
state for actions by private actors who exercise public functions with the authorization of,
in coordination with, and in collaboration with law enforcement forces.
Furthermore, the Court will be able to consolidate its jurisprudence regarding the duty
to investigate human rights violations, in accordance with special standards that should be
taken into account in cases such as the present one, including the responsibility of highranking leaders. Finally, the Court will also be able to delve deeper into the topic of forced
displacement and state obligations stemming from such situations.
By virtue of the fact that these issues have an important bearing on the InterAmerican public order, the Commission takes the liberty to offer the following expert
opinions, pursuant to Article 35.1 f) of the Rules of Procedure of the Inter-American Court:
a) Alejandro Valencia Villa, who will refer to the international standards that
determine state obligations in the framework of military operations taking place within the
context of internal armed conflict, including obligations toward the civilian population. The
expert also will refer to the international standards that should be taken into account when
facts such as those of the present case are investigated. In a cross cutting manner with
regard to these topics, he will analyze the common grounds and complementarity of
international human rights law and international humanitarian law.
b) An expert whose name will be reported shortly, who will refer to the
phenomenon of forced internal displacement, state obligations stemming from such
situations, as well as the application of these standards to the facts of the instant case,
taking into account, among other factors, the context in the area.
Together with the annexes to Merits Report 61/11, the Commission will submit the
CV of the proposed experts.
Finally, the Commission informs the Inter-American Court of the contact information
of the persons who served as petitioners to the IACHR:
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Corporación Colectivo de Abogados “José Alvear Restrepo” (CCAJAR).
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Bogotá, Colombia.
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David M. Stahl and Lisa S. Meyer. Eimer Stahl Klevorn & Solberg
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Chicago, Illinois 60604
CIDH03816E06