24
relation to the facts of this case,123 the Court takes into account the important evolution of the
regulations and principles of International Refugee Law, also established in the guidelines,
standards and other authorized decisions of bodies such as the UNHCR. 124 In this sense,
although the obligations contained in Articles 1(1) and 2 of the Convention constitute the basis
for determining a State's international responsibility for violations thereof,125 the Convention
itself expressly refers to the rules of general International Law for its interpretation and
application. 126 Thus, upon determining the compatibility of the actions and omissions of the
State or of its norms, with the Convention or other treaties applicable to its jurisdiction, the
Court can interpret the rights and obligations contained therein in light of other treaties and
relevant norms. In this case, using the sources, principles, and standards of international
refugee law and special applicable regulations127 to situations that determine refugee status of a
person and their correlative rights, in a manner that is complimentary to the norms of the
Convention, the Court is not assuming the existence of a hierarchy between the normative
orders.
80.
If the Inter-American Court were to ignore the plethora of existing approaches with
respect to a single topic, emanating normatively from different international treaties and
functionally from different international mechanisms, it would not only be impossible to
speak of a jurisprudential dialogue – which constitutes an integrative element of rights
itself, - it would also make it extremely complicated for the States to comply with their
international obligations, if such duties were downright contradictory with norms of a
123
Cf. Mutatis mutandi, Case of Santo Domingo Massacre V. Colombia. Preliminary Objections, Merits and
Reparations. Judgment of November 30, 2012. Series C No. 259, para. 255; and mutatis mutandi Case of Atala
Riffo and Girls V. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239, para.
83.
124
The States Parties to the Convention of 1951 and the Protocol of 1967 have conferred monitoring of
compliance to the UNHCR, established in the Preamble itself of the Convention (para. 6th), to promote and assure
compliance of the principle legal instruments of the protection of refugees. Cf. Executive Committee of the Program
of the United Nations High Commissioner for Refugees, Note on International Protection, 51st period of sessions,
July 7, 2000, A/AC.96/930, available at: http://www.unhcr.org/refworld/docid/3ae68d6c4.html, para. 20. This
function coexists with the corresponding obligation of the States to cooperate with the UNHCR in the exercise of
this function, pursuant to Article 35 of the Convention of 1951, Article II of Protocol of 1967 and paragraph 8 of the
Statute of the Office of the UNHCR. Moreover, in relation to the Manual of Procedures and Standards to Determine
Refugee Status of the UNHCR, the expert witness Juan Carlos Murillo stated that “in 1978 when the Manual was
adopted [...] it was drafted because the UNHCR Executive Committee in 1977 called the office to assist States in
the interpretation of the provisions of the 1951 Convention. As such, it is an interpretive guide of a non-binding
nature. However, in the UNHCR's history, after more than sixty years overseeing the implementation of the
Convention and the Protocol on the Status of Refugees, many countries, including many of the Latin American
countries have included specific reference to the Manual as an interpretive guide, that is, that it has sufficient
authority to serve as interpretative guidance to the States. and therefore although it is not binding, many countries
have fully incorporated it into their domestic legislation each time they have to determine refugee status."
Cf. Expert statement rendered by Juan Carlos Murillo before the Inter-American Court in public hearing held on
june 20, 2012.
125
Case of the Mapiripan Massacre V. Colombia. Merits, Reparations and Costs. Judgment of September 15,
2005. Series C No. 134, para. 107.
126
In this sense, the preamble itself of the American Convention refers expressly to the principles reaffirmed
and developed in international instruments, “both in the universal as well as regional sphere” (para. 3) and Article
29 requires its interpretation heeding to the American Declaration “and other international acts of the same
nature.” Other norms refer to obligations imposed by international law in relation to the suspension of guarantees
(Article 27), as well as to “generally recognized principles of International Law” in definition of the exhaustion of
domestic remedies (Article 46(1)((a).
127
In this sense, that express mutatis mutandi in the Case of the Mapiripan Massacre V. Colombia is
applicable in that, “with regard to establishment of the international responsibility of the State in the instant case,
the Court cannot set aside the existence of general and special duties of the State to protect the civilian population,
derived from International Humanitarian Law, specifically Article 3 common of the August 12, 1949 Geneva
Agreements and the provisions of the additional Protocol to the Geneva Agreements regarding protection of the
victims of non-international armed conflicts (Protocol II).” Case of the Mapiripan Massacre V. Colombia. Merits,
Reparations and Costs. Judgment of September 15, 2005. Series C No. 134, para. 114.