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imperative of the universal juridical conscience, one ought to keep on fostering the
development of the peremptory norms of international law (jus cogens) and of the
corresponding obligations erga omnes of protection of the human being in any
circumstances;
- Ninth, all the persons who were withdrawn from the protection of the law such as, in the present case, the disappeared person and also his relatives - are
victims and titulaires of the protected rights, forming the "injured party" (in the
sense of Article 63(1) of the American Convention on Human Rights) for the effects
of reparations; and
- Tenth, the victims, thus understood, who form the injured party in the
international contentieux of human rights, are, in conclusion, subjects of the
International Law of Human Rights, endowed with international legal personality as
well as full international legal capacity.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
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