namely, the alleged victims of human rights violations, 19 the Commission20 and the States
Parties to the Convention that have accepted its jurisdiction,21 thereby reinforcing the Court’s
status as a judicial organ and, consequently, the most significant entity of a continental scope
that has been established to safeguard human rights, Moreover, for this reason it is necessary
to persist in consolidating and improving it, without exposing it to risks that could negatively
affect this effort.
10.
All the above, also taking into consideration that the Court, on the one hand, should
execute its functions abiding by the principles of impartiality, independence, objectivity,
political independence, equanimity, full equality before the law and justice, non-discrimination
and absence of prejudices, characteristics inherent in all jurisdictional organs and, on the
other hand, that the ultimate purpose of its task is to duly and opportunely safeguard the
human rights of the presumed victims of violations of those rights. In other words, it should
proceed bearing in mind that its functions are similar to those exercised, for example, by
juvenile courts and labor courts, which are based, the former on the best interests of the
child, and the latter on the protection of the worker, all within the framework of the
administration of justice.
11.
Based on the foregoing, and because the Convention is a treaty between States 22 and
therefore establishes their obligations – but with regard to the persons subject to their
respective jurisdictions23 – it can be concluded that the Court’s function is to fathom the
intentions that they incorporated into the said treaty when signing it and, eventually, how
those intentions should be understood vis-à-vis new situations.
12.
This is why, in order to interpret the Convention, the Court has not only its text, but
also other sources of public international law; that is, international custom, the general
principles of law, and the unilateral legal acts of the States Parties and, if the States that
appear before it have agreed, equity, and also, but as subsidiary means, case law, doctrine,
and the legally binding resolutions of international organizations. 24
19
Supra, footnote 12.
20
Supra, footnote 13.
Art. 25(1) of the Court’s Rules of Procedure: “Participation of the Alleged Victims or their Representatives. Once
notice of the brief submitting a case before the Court has been served, in accordance with Article 39 of the Rules of
Procedure, the alleged victims or their representatives may submit their brief containing pleadings, motions, and
evidence autonomously and shall continue to act autonomously throughout the proceedings.
21
Supra, footnote 7.
Art. 2(1)(a) of the Vienna Convention on the Law of Treaties: “Use of Terms. 1. For the purposes of the present
Convention: (a) “treaty” means an international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related instruments and whatever
its particular designation.”
22
Art. 1: “1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and
to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition. 2. For the purposes of this Convention, "person" means every human
being.”
23
Art. 38 of the Statute of the International Court of Justice: “1. The Court, whose function is to decide in accordance
with international law such disputes as are submitted to it, shall apply: (a) international conventions, whether general
or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence
of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) subject to
the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.
24
2. This provision shall not prejudice the power of the Court to decide a case ex aequo if the parties agree thereto.”
This is the only international treaty-based provision that refers to the sources of public international law. It does not
include unilateral legal acts or the legally binding resolutions of international organizations.
4