3 7. It is for this last reason that the institution of the separate opinion is also contemplated in the rules of other international courts and is a document that must be published together with the respective judgment.13 8. Accordingly, I must emphasize that this opinion, along with others issued by the judges in this and in other proceedings, is a clear demonstration of the dialogue and diversity of views that exist in this Court, as well as of the deferential consideration accorded to one another by its members. This undoubtedly enriches the delicate and transcendent work that has been entrusted to the Court. 9. I offer this opinion, then, harboring the illusion that in the future its content will be accepted, either by the Court’s own case law, or by a new rule of international law. In the first case, given that the Court’s ruling is binding only for the State Party involved in the case under examination, 14 the Court, as an auxiliary source of international law, and therefore responsible for “determining the rules of law” established by an autonomous source of international law, that is, by a treaty, a custom, a general principle of law or a unilateral legal act, 15 may in future adopt variations when ruling on another case. With respect to the second situation, by virtue of the fact that the States have an international regulatory function and, in the case of the Convention, the States Parties, this would occur through amendments to the latter.16 European Court of Human Rights. Article 74(2) of the Rules of Procedure: “Any judge who has taken part in the consideration of the case shall be entitled to annex to the judgment either a separate opinion, concurring with or dissenting from that judgment, or a bare statement of dissent.” Statute of the African Court of Justice and Human Rights. Article 44: “Dissenting Opinion –If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate or dissenting opinion.” International Court of Justice. Article 57 of its Statute: “If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.” International Criminal Court. Article 74(5) of the Statute: “The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.” Tribunal of the Law of the Sea. Article 30(3) of the Statute: “If the judgment does not represent in whole or in part the unanimous opinion of the members of the Tribunal, any member shall be entitled to deliver a separate opinion.” 13 Article 68(1): “The States Parties to the Convention undertake to comply with the judgment of the Court in any case to which they are parties.” Article 46(1) and (3) of the European Convention on Human Rights: “The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.” Statute of the African Court of Justice and Human Rights Article 46: “Binding force and execution of Judgments. (1) The decision of the Court shall be binding on the parties ... (3). The parties shall comply with the judgment delivered by the Court in any dispute to which they are parties and shall guarantee its execution within the time stipulated by the Court.” Article 59 of the Statute of the International Court of Justice: “The decision of the Court has no binding force except between the parties and in respect of that particular case.” 14 Article 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 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. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.” 15 Article 31: “Recognition of Other Rights. Other rights and freedoms recognized in accordance with the procedures established in Articles 76 and 77 may be included in the system of protection of this Convention.” Article 76(1): “Proposals to amend this Convention may be submitted to the General Assembly for the action it deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary General.” 16 Article 77(1):“In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this

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