Judgment of 11.19.2004).12 In effect, in my Concurring Opinion in the case of the
Mapiripán Massacre, I allowed myself to consider that
“One does not combat terror with terror, but rather within the
framework of the Law. Those who resort to the use of brute force
brutalize themselves, creating a spiral of widespread violence that
ends up turning the innocent, including children, into victims. (...)
Brute force generates brute force, and at the end, what do we
have? Nothing, general devastation, the breakdown of the social
fabric, vengeance, torture, and summary executions and other grave
violations of International Humanitarian Law and International
Human Rights Law, the transformation of human beings into mere
instruments of confrontation and destruction –opening wounds that
will require generations to heal." (paras. 46-47).
26.
And, in the same Concurring Opinion in the case of the Mapiripán Massacre, I
added:
As I noted in my Separate Opinion in the case of the Plan de
Sánchez Massacre (reparations, Judgment of 19.11.2004), "the
ancient Greek were already aware of the devastating effects of the
use of brute force and of war, both on the victors and on the
vanquished, revealing the great evil of substituting ends with means”
(para. 29); since the times of Homers Iliad to the present day, all
those in favor of brute force have become cogs in the killing machine.
As in Homers Iliad, “there are neither victors nor vanquished, they
are all taken over by force, possessed by war, degraded by the
devastation of brutality and massacres” (para. 30), perpetuating
themselves, multiplying their innocent victims.
Long after Homer, in the 3d century of our age, Plotinus (204270), in his Enneads, argued that the fate of human beings cannot be
left to chance, to fortune, because human beings are gifted with
reason, which must prevail13 under all circumstances, at it is not just
any type of reason, but a noble one, above the natural state, and
which guides everyone.14 In our somber times, we must remember
Plotinus’ enduring lesson, that of one who sought the “liberation” or
“emancipation” of the soul15 so much." (paras. 48-49).
V.
The Importance of the Oral Procedure and the Need to Hold
Public Hearings.
27.
I allow myself, in the present Concurring Opinion, to spread upon the record
the importance I attribute to the oral proceedings before the Court and the need –
.
The texts of both Concurring Opinions are reproduced in: A.A. Cançado
Trindade, Derecho Internacional de los Derechos Humanos - Esencia y Trascendencia
(Votos en la Corte Interamericana de Derechos Humanos, 1991-2006), México, Edit.
Porrúa/Universidad Iberoamericana, 2007, pp. 595-613 and 457-465.
12
.
Plotinus, The Enneads, London, Penguin, 1991 [reed.], p. 522.
.
Ibid., p. 33.
.
Cf. ibid., pages 51 and 115.
13
14
15