residence,160 in relation to the obligations to respect and guarantee rights.161 The Court considers it pertinent to analyze all these alleged violations together because of the complex nature of the circumstances surrounding the massacres perpetrated in this case, which reveal the resulting interrelated violations of different rights, which prevents a separate analysis. Similarly, as it has on other occasions,162 the Court finds it useful and appropriate when analyzing and interpreting the scope of the provisions of the American Convention in this case in which the facts occurred in the context of a non-international armed conflict, and in keeping with Article 29 of the American Convention, to have recourse to other international treaties, such as the Geneva Conventions of August 12, 1949,163 and in particular to Article 3 common to the four conventions,164 Protocol II Additional to the 1949 Geneva Conventions and relating to the Protection of Victims of Non-international Armed Conflicts of June 8, 1977 (hereinafter “Additional Protocol II) to which the State is a party, 165 and customary international humanitarian law,166 as complementary instruments and considering their specificity in this matter. 1) The human rights violations alleged to the detriment of the persons executed 142. The Court has established that, in accordance with Article 1(1) of the Convention, States are obliged to respect and ensure the human rights recognized therein. The State’s international 159 The pertinent parts of Article 21 of the American Convention recognize that: 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 160 The pertinent part of Article 22(1) of the Convention establishes that “[e]very person lawfully in the territory of a State Party has the right to move about in it, and to reside in it subject to the provisions of the law.” 161 Article 1(1) of the American Convention stipulates that: “[t]he States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 162 Cf. Case of the Ituango Massacres v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of July 1, 2006. Series C No. 148, para. 179; Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs, paras. 114, 153, 172 and 191, and Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of November 24, 2009. Series C No. 211, para. 191. 163 Cf. In particular, the Geneva Convention relative to the protection of civilian persons in times of war, approved on August 12, 1949, by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held at Geneva from 21 April to 12 August 1949, which entered into force on October 21, 1950, and was ratified by El Salvador on June 17, 1953. 164 Article 3 common to the 1949 Geneva Conventions establishes: “Non-international conflicts: In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the abovementioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.” 165 El Salvador has been a party to Protocol II Additional to the 1949 Geneva Conventions and relating to the Protection of Victims of Non-International Armed Conflicts since November 23, 1978. 166 Cf. International Committee of the Red Cross, Customary International Humanitarian Law, vol. I, edited by Jean-Marie Henckaerts and Louise Doswald-Beck, 2007. 44

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