23
function of monitoring compliance with its judgments. An objection or any other
action of the State intended to affect the competence of the Court has no
consequence, because, in all circumstances, the Court retains the compétence de la
compétence, as it is master of its own jurisdiction.41
69.
When ruling on its compétence de la compétence, the International Criminal
Tribunal for the former Yugoslavia stated that:
In finding that the International Tribunal has the competence to determine its own
jurisdiction, the Appeals Chamber has adopted a similar approach. It recognized that
such competence is part of the incidental or inherent jurisdiction of any judicial tribunal
and, in particular, ‘[i]t is a necessary component in the exercise of the judicial function
and does not need to be expressly provided for in the constitutive documents … although
this is often done’42.
70. The Court cannot abdicate the prerogative to determine the scope of its own
jurisdiction, which is also an obligation imposed upon it by the American Convention
in order to exercise its functions according to Article 62(3) thereof.43 That provision
reads as follows:
The jurisdiction of the Court shall comprise all cases concerning the interpretation and
application of the provisions of th[e] Convention that are submitted to it, provided that
the States Parties to the case recognize or have recognized such jurisdiction, whether by
special declaration [...] or by a special agreement.
71.
As the Courts has stated in its constant case law,44 acceptance of the
contentious jurisdiction of the Court is a binding clause that does not admit
limitations that are not included expressly in Articles 62(1) and 62(2) of the
American Convention. Given the fundamental importance of this clause for the
operation of the Convention’s system of protection, it cannot be subject to
unanticipated limitations invoked by States Parties for reasons of domestic policy.
C) EFFECTIVENESS OF DECISIONS ON REPARATIONS
18; Constantine et al. case. Preliminary objections, supra note 39, para. 72; Benjamin et al. case.
Preliminary objections, supra note 39, para. 72; and Hilaire case. Preliminary objections, supra note 39,
para. 81.
41
Cf. The Constitutional Court case. Competence, supra note 35, para. 33; Ivcher Bronstein case.
Competence, supra note 35, para. 34; Hilaire, Constantine and Benjamin et al. case, supra note 39, para.
18; Constantine et al. case. Preliminary objections, supra note 39, para. 72; Benjamin et al. case.
Preliminary objections, supra note 39, para. 72; and Hilaire case. Preliminary objections, supra note 39,
para. 81.
42
I.C.T.Y., Trail Chamber II, Decision on the Objection of the Republic of Croatia to the Issuance of
Subpoena Duces Tecum, 18 July 1997, para. 29.
43
Cf. The Constitutional Court case. Competence, supra note 35, para. 32; Ivcher Bronstein case.
Competence, supra note 35, para. 33; Constantine et al. case. Preliminary objections, supra note 39,
para. 71; Benjamin et al. case. Preliminary objections, supra note 39, para. 71; and Hilaire case.
Preliminary objections, supra note 39, para. 80.
44
Cf. The Constitutional Court case. Competence, supra note 35, para. 35; Ivcher Bronstein case.
Competence, supra note 35, para. 36; Constantine et al. case. Preliminary objections, supra note 39,
paras. 73, 77-79; Benjamin et al. case. Preliminary objections, supra note 39, paras. 73 and 77-79; and
Hilaire case. Preliminary objections, supra note 39, paras. 82, 86-88.