57
of the same international instrument (supra paras. 125, 139, 155, and 156). The
Court has established, on several occasions, that all violation of an international
obligation that has produced damage involves the duty to adequately repair it.96 To
this effect, Article 63(1) of the American Convention states that:
[i]f the Court finds that there has been a violation of a right or freedom protected by
[this] Convention, the Court shall rule that the injured party be ensured the enjoyment
of his right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
161. As previously stated by the Court, Article 63(1) of the American Convention
constitutes a rule of customary law that enshrines one of the fundamental principles
in contemporary international law on state responsibility. Thus, when an illicit act is
imputed to the State, its international responsibility arises, together with the
subsequent duty of reparation and to put an end to the consequences of said
violation.97 Said international responsibility is different to the responsibility in
domestic legislation.98
162. The reparation of the damage caused by a violation of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists in restoring the situation that existed before the violation occurred. When
this is not possible, the international court will determine a series of measures to
guarantee the rights violated, repair the consequences caused by the infractions, and
establish payment of an indemnity as compensation for the harm caused99 or other
means of satisfaction. The obligation to repair, regulated in all its aspects (scope,
nature, modalities, and determination of the beneficiaries) by International Law, may
not be modified or ignored by the State obliged, by invoking stipulations of its
domestic law.100
163. Reparations, as indicated by the term itself, consist in those measures
necessary to make the effects of the committed violations disappear. Their nature
and amount depend on the harm caused at both material and moral levels.
Reparations cannot entail either enrichment or impoverishment of the victim or his
successors.101
164. Pursuant to the evidentiary elements collected during the process and in the
light of the aforementioned criteria, the Court proceeds to analyze the demands
96
Cfr. Case of Montero Aranguren et al., supra note 12, para. 115; Case of Ximenes Lopes, supra
note 3, para. 207; and Case of the Ituango Massacres, supra note 3, para. 345.
97
Cfr. Case of Montero Aranguren et al., supra note 12, para. 116; Case of Ximenes Lopes, supra
note 3, para. 208; and Case of the Ituango Massacres, supra note 3, para. 346.
98
Cfr. Case of Ximenes Lopes, supra note 3, para. 208; Case of the Ituango Massacres, supra note
3, para. 365; and Case of the “Mapiripán Massacre”, supra note 9, para. 211.
99
Cfr. Case of Montero Aranguren et al., supra note 12, para. 117; Case of Ximenes Lopes, supra
note 3 para. 209; and Case of the Ituango Massacres, supra note 3, para. 347.
100
Cfr. Case of Montero Aranguren et al., supra note 12, para. 117; Case of Ximenes Lopes, supra
note 3, para. 209; and Case of the Ituango Massacres, supra note 3, para. 347.
101
Cfr. Case of Montero Aranguren et al., supra note 12, para. 118; Case of Ximenes Lopes, supra
note 3, para. 210; and Case of the Ituango Massacres, supra note 3, para. 348.