18
the inherent authority to determine the scope of its own competence (compétence de
la competence/Kompetenz-Kompetez).
79)
The Court must give an interpretation to the declaration of the State, as a
whole, that is in accordance with the canons and practice of International Law in
general, and with International Human Rights Law specifically, and which awards the
greatest degree of protection to the human beings under its guardianship.
80)
The Court cannot abdicate this prerogative, as it is a duty that the American
Convention imposes upon it, requiring it to exercise its functions in accordance with
Article 62(3) thereof. That provision reads that “[t]he jurisdiction of the Court shall
comprise all cases concerning the interpretation and application of the provisions of
this Convention that are submitted to it, provided that the States Parties to the case
recognize or have recognized such jurisdiction, whether by special declaration
pursuant to the preceding paragraphs, or by a special agreement”.
81)
As this Tribunal has indicated in its judgments on jurisdiction in the Cases of
Constitutional Court and Ivcher Bronstein:
The jurisdiction of the Court cannot be contingent upon events extraneous to its own
actions. The instruments consenting to the optional clause concerning recognition of
the Court’s binding jurisdiction (Article 62(1) of the Convention) presuppose that the
States submitting them accept the Court’s right to settle any controversy relative to its
jurisdiction. An objection or any other action taken by the State for the purpose of
somehow affecting the Court’s jurisdiction has no consequence whatever, as the Court
retains the compétence de la compétence, as it is master of its own jurisdiction 8.
82)
Interpreting the Convention in accordance with its object and purpose, the
Court must act in a manner that preserves the integrity of the mechanism provided
for in Article 62(1) of the Convention. It would be unacceptable to subordinate the
said mechanism to restrictions that would render the system for the protection of
human rights established in the Convention and, as a result, the Court’s jurisdictional
role, inoperative.
83)
As this Court has indicated in the Cases of Constitutional Court and Ivcher
Bronstein
[t]he States Parties to the Convention must guarantee compliance with its provisions
and its effects (effet utile) within their own domestic laws. This principle applies not
only to the substantive provisions of human right treaties (in other words, the clauses
on the protected rights), but also to the procedural provisions, such as the one
concerning recognition of the Tribunal’s contentious jurisdiction. That clause, essential
to the efficacy of the mechanism of international protection, must be interpreted and
applied in such a way that the guarantee that it establishes is truly practical and
effective, given the special nature of human rights treaties [...] and their collective
enforcement 9.
84)
Article 31(1) of the 1969 Vienna Convention provides that
8
Constitutional Court Case. Competence. Judgment of September 24, 1999. Series C No. 55,
para. 33 and Ivcher Bronstein Case. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 34.
9
Cf. Constitutional Court Case. Competence. Supra note 8, para. 36 and Ivcher Bronstein Case.
Competence. Supra note 8, para. 37.