11 09.22.2006), and of the Ituango Massacres versus Colombia (Judgment of 07.01.2006). 27 42. In this last one, - my Concurring Opinion in the case of the Ituango Massacres, - upon developing my reflections with regard to the planning and execution of massacres as crimes of State, I allowed myself to deliberate: "How is it possible to deny the existence of a State crime? The international legal experts that have done it (in their majority) have simply closed their eyes to the facts, and given signs of their lack of conscience by denying to extract the juridical consequences of said facts. Their blind dogmatism has stopped the evolution and humanization of International Law. Crimes of State – there is no way to deny it – have been planned and perpetrated by its agents and collaborators, in a recurring manner, and on different continents. The experts on international law have the duty to save the concept of crime of State, even to sustain the credibility of their profession. (...) Successive crimes of State – those already determined and proven, added to those there is no news about – continue happening, before the obliging and indifferent eyes of the greater part of the contemporary experts in international law. The crimes of State have not stopped existing because they affirm that they do not exist and cannot exist. All the contrary: State crimes do exist, and they should not exist, and the experts in international law should make an effort to fight it and punish it as such. The greater part of the contemporary international law doctrine has been neglectful, when it avoids the subject. 28 They cannot keep on doing it, since, fortunately, to ensure its non-repetition, the atrocities have been reconstructed in recent accounts, 29 and the memory has been preserved by the ever growing publications of the survivors of massacres as State crimes." (paras. 30 and 41). 43. The aggravated international state responsibility corresponds to these massacres as crimes of State, with their juridical consequences, - as I have reiterated in my reflections developed in my Concurring Opinion (paras. 24-36) in the case of the Plan de Sánchez Massacre, and in my Concurring Opinion (paras. 30-40) in the case of the Mapiripán Massacre. Previously, in my Concurring Opinion in the case of Myrna Mack Chang I rescued a doctrinal current that, for decades, has admitted the existence of crimes of State (paras. 22-26), and that seems to be forgotten – deliberately or not – in our days. It is not my intention here to repeat my reflections developed in my previous Concurring Opinions in this sense, but to add some new considerations on this forgotten juridical form of thought. 44. It is not mere coincidence that, in the middle of the second decade of the twentieth century, in an inspired and visionary book published in Bucharest in 1925, titled "Criminalité collective des États et le Droit pénal de l'avenir", the Romanian lawyer Vespasien V. Pella warned not only that the capacity of a State of committing international crimes is unquestionable, but that the most dangerous criminality and the one that is most difficult to fight, is the crime organized by the . I also referred to the aggravating circumstances of massacres presented before this Court in my Concurring Opinion in the case of Baldeón García versus Peru (Judgment of 04.06.2006). 27 . The best thing that the e.g. Commission on International Law (CIL) of the United Nations could do, in my opinion, would be to reopen, in 2007-2008, its reconsideration in the framework of its Articles on the State’s International Responsibility, abandon the strictly statistic and anachronistic Cosmo vision that permeates them, take the concept of crime of State out of the box, rescue it, and include it once again in its mentioned Articles, with their juridical consequences (punitive damages). With this, the mentioned work of the CIL, in my opinion, would gain credibility and would offer the international community, and in final instance, humanity as a whole, a service. 28 . Cf. compilaciones Masacres - Trazos de la Historia Salvadoreña Narrados por las Víctimas, 1a. ed., San Salvador, Ed. Centro para la Promoción de Derechos Humanos "M. Lagadec", 2006, pp. 17-390; Los Escuadrones de la Muerte en El Salvador, 2a. ed., San Salvador, Edit. Jaraguá, 2004, pp. 11-300. 29

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