15
Prevalence of the principle of respect for the dignity of the human person
becomes identified with the very purpose of the Law, of the legal order, both
domestic and international. (...)" (paras. 16-17).
43.
In the instant case of the Mapiripán Massacre, the Inter-American Court, as it has
done before, has taken general international Law into account and, as it could not be
otherwise, also the general principles of Law, in the process of applying the American
Convention. Also, as it has likewise done other times, it has recognized the convergence
between the provisions of the Convention, as the applicable law in the cas d'espèce, and
International Humanitarian Law (para. 153 [cf.]). Said convergence also encompasses
International Refugee Law. The Guiding Principles on Internal Displacement adopted in 1998
by the United Nations Commission on Human Rights do in fact explicitly recognize said
convergence between International Human Rights Law, International Humanitarian Law, and
International Refugee Law.25
44.
In the course of 2004, the preparatory process as a whole (meetings in San Jose,
Costa Rica, Brasilia, and Cartagena de Indias), organized by UNHCR, in fact led to adoption
of the Declaration and Plan of Action of Mexico to Strengthen International Protection of
Refugees in Latin America, in November 2004, in commemoration of the 20th anniversary of
the Cartagena Declaration on Refugees. One of the key points in this Declaration addressed
the problem of the victims of the current internal displacement in Colombia, in the midst of
a genuine spirit of Latin American solidarity. This was, precisely, an occasion to assert the
convergence (at the normative, hermeneutic, and operational levels) between International
Human Rights Law, International Refugee Law, and International Humanitarian Law. 26
45.
The instant case of the Mapiripán Massacre reveals the sad destiny of the victims,
including –beyond those established in the instant Judgment- those who are forgotten in
view of the indifference of the brutalized world of our times. On the other hand, there is a
sepulchral silence of the innocent (whether in Colombia, Iraq, the United States,
Afghanistan, Spain or the United Kingdom, among so many other countries) who are the
victims of the various expressions of terror (all of which set aside the basic principles of
humanity, of distinction, of proportionality, which are principles of International
Humanitarian Law).
46.
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. May
the case of the Mapiripán Massacre be a warning for the irresponsible harbingers of the socalled “war on terror” who set aside the Law and the United Nations Charter.
47.
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
.
See U.N./Commission on Human Rights, document E/CN.4/1998/53/Add.2, of 11.02.1998, pp. 1-12, esp.
pp. 2-5.
25
.
See A.A. Cançado Trindade, "Aproximaciones y Convergencias Revisitadas: Diez Años de Interacción
entre el Derecho Internacional de los Derechos Humanos, el Derecho Internacional de los Refugiados, y el Derecho
Internacional Humanitario (De Cartagena/1984 a San José/1994 y México/2004", in Memoria del Vigésimo
Aniversario de la Declaración de Cartagena sobre los Refugiados (1984-2004), México/San Jose, Costa Rica,
UNHCR, 2005, pp. 139-191.
26