6 17. They illustrate that in situations of this kind, it is possible and viable to act strictly within the framework of the Law,31 thereby reaffirming the primacy of the law over the indiscriminate use of force. They testify to the current process of humanization of international law (moving toward a new jus gentium) in the area of provisional measures of protection as well. All this points up the fact that the human conscience (the ultimate source of all Law) has awakened to the need to protect the human person from violations of his rights by both the State and third parties. 18. At the Institut de Droit International, I have maintained that in the exercise of the emerging right to humanitarian assistance, the emphasis must be on the persons of the beneficiaries of the humanitarian assistance, and not on the potential for action of the agents materially trained to provide that humanitarian assistance. The ultimate basis for the exercise of that right lies in the inherent dignity of the human person: human beings are, in effect, the titulaires of the protected rights and of the right to humanitarian assistance. Their defenselessness and suffering (in prison) – especially in situations of poverty, economic exploitation, social marginalization and perhaps brutalization-merely underscore the need for obligations erga omnes to protect the rights that are inherent in the human person. 19. As I see it, those obligations erga omnes must be developed and complied with in order to put an end to violence within prisons, impunity and institutionalized injustice. Moreover, the titulaires of the protected rights (or their legal representatives) are those best qualified to identify their basic humanitarian relief needs, which constitutes a response, informed by the Law, to the new needs for human protection. If the human person’s international legal personality and standing ultimately materialize, then the right to humanitarian assistance may gradually become justiciable.32 20. Furthermore, as recent cases before this Court involving members of human collectivities have made clear, the current expansion of international juridical personality and standing33 is a response to a pressing need of the international community in our times. The development of the doctrine and jurisprudence on obligations erga omnes of protection of the human person, in any and all situations or circumstances, will certainly be a contribution toward the formation of a true international ordre public based on respect for and observance of human rights, capable of ensuring greater cohesiveness in the organized international community (the civitas maxima gentium), centered around the human person as the subject of international law. Antônio Augusto Cançado-Trindade Judge Pablo Saavedra-Alessandri Secretary 31 . Without having to resort to the unconvincing and unfounded rhetoric of so-called “humanitarian intervention.” 32 . Cf. A.A. Cançado-Trindade, "Reply [- Assistance Humanitaire]", 70 Annuaire de l'Institut de Droit International - Session de Bruges (2002-2003) n. 1, pp. 536-540. 33 . Cf. A.A. Cançado-Trindade, El Acceso Directo del Individuo a los Tribunales Internacionales de Derechos Humanos, Bilbao, Universidad de Deusto, 2001, pp. 9-104.

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