36
affirmation that human rights apply “only in times of peace” endangers the
minimum human rights of those who are at war;
b)
According to Article 63 of the American Convention, the Court’s
jurisdiction is not exclusively to consider facts that take place in times of
peace, but includes those that occur during armed conflicts. In accordance
with Article 29 of the Convention, this does not preclude the Court from
interpreting provisions that grant protection to the individual in light of the
Convention or other treaties of the inter-American protection system. The
Court has recognized the value of international humanitarian law for the
interpretation of the American Convention. To interpret the corresponding
provisions of the Convention that were or are violated by the State in the
most favorable way, the Court may take into consideration Article 3 common
to all the Geneva Conventions and Additional Protocol II, as well as applicable
provisions regarding the protection of children and forced displacement.
c)
Since June 23, 1978, the date on which it ratified the Convention, the
State was bound to respect and guarantee the human rights of all persons
subject to its jurisdiction, with no exception. “The ratification made by the
Salvadoran State did not include any type of reservation to substantive
provisions of the treaty.” And, the State has not indicated that it had
suspended guarantees at the time the facts occurred; and
d)
In its oral arguments, the State “expressly acknowledged […] that
international human rights law was in force” in situation of internal armed
conflict.
Considerations of the Court
111. The Court considers that since the State has alleged that “[i]nternational
humanitarian law is an exceptional, emergency law, which is involved when the
international or national order is interrupted[, as happened during the non
international armed conflict in El Salvador from 1979 to 1992), while human rights
law applies in times of peace” and that the facts of this case “should be examined in
accordance with the applicable lex specialis, which is international humanitarian law,
and this is outside the Court’s jurisdiction,” it must refer to the complementarity
between international human rights law and international humanitarian law and the
applicability of the former in times of peace and during armed conflict, and also
repeat that this Court is empowered to interpret the norms of the American
Convention in light of other international treaties.
112. Regarding the complementarity of international human rights law and
international humanitarian law, the Court considers it should emphasize that all
persons, during internal or international armed conflict, are protected by the
provisions of international human rights law, such as the American Convention, and
by the specific provisions of international humanitarian law. Consequently, there is a
convergence of international norms protecting those who are in such situations. In
this regard, the Court stresses that the specificity of the provisions of international
humanitarian law that protect individuals subject to a situation of armed conflict do
not prevent the convergence and application of the provisions of international human
rights law embodied in the American Convention and other international treaties.
113. The Court has recognized this convergence of the provisions of international
human rights law and the provisions of international humanitarian law in other cases,
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos