2
diversification of the sources (including the non-identified ones) of violations of
human rights, - so evident in a situation of internal armed conflict as in the
present case. Such situation, in its turn, requires the recognition of the effects of
the American Convention vis-à-vis third parties (the Drittwirkung), besides
revealing the approximations and convergences between the norms of the
American Convention Americana and those of International Humanitarian Law,
as well as the potential of action of the Provisional Measures of Protection in this
context, in which they are endowed with a character, more than precautionary,
truly tutelary, in safeguarding human rights" (par. 19).
It has been, in fact, the new needs of protection of the human being - disclosed by
situations such as that of the present case - that have, to a great extent, fostered in
recent years the convergences, - at normative, hermeneutic and operative levels, between the three branches of protection of the rights of the human person, namely,
the International Law of Human Rights, International Humanitariand Law and the
International Law of Refugees11.
6.
The measures adopted by this Court, in the present case of the Communities of
the Jiguamiandó and of the Curbaradó, as well as in the previous cases of the Peace
Community of San José de Apartadó (2000-2002) and of the Haitians and Dominicans
of Haitian Origin in the Dominican Republic (2000-2002), are directed to the sense of
the gradual formation of a true right to humanitarian assistance. Such measures have
already saved many lives, have protected the right to personal integrity and the right
of circulation and residence of numerous human beings, strictly within the framework
of Law12. In our days, one ought to concentrate attention on the contents and juridical
effects of the emerging right to humanitarian assistance, in the framework of the
treaties on human rights, Humanitarian Law, and Refugee Law, so as to refine its
elaboration, to the benefit of the titulaires of that right.
7.
The recent practice of the Inter-American Court on provisional measures of
protection, to the benefit of the members of human collectivities, discloses that it is
perfectly possible to sustain the right to humanitarian assistance in the framework of
Law, and never by indiscriminated use of force. The emphasis ought to fall on the
persons of the beneficiaries of humanitarian assistance, and not on the potential of
action of the agents materially capable to render it, - in recognition of the necessary
primacy of Law over force. The ultimate foundation of the exercise of the right to
humanitarian assistance lies in the inherent dignity of the human person. Human
beings are the titulaires of the protected rights, and the situations of vulnerability and
suffering in which they find themselves, above all in situations of poverty, economic
exploitation, social marginalization and armed conflict, stress the obligations erga
omnes of protection of the rights which are inherent to them.
8.
The recognition of those obligations fits into the current process of
humanization of international law. In fact, to the construction of a more
institutionalized international community corresponds a new jus gentium, centred on
the needs and aspirations of the human being and not of the political or social
collectivities to which he belongs. In this new scenario, we can visualize the formation
11
.
A.A. Cançado Trindade, El Derecho Internacional de los Derechos Humanos en el Siglo XXI,
Santiago, Editorial Jurídica de Chile, 2001, ch. V, pp. 183-265.
12
.
Without it being necessary, to that end, to resort to the unconvincing and unfounded rhetoric of the
so-called "humanitarian intervention".
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos