international law; in other words, it does not create rights, it merely determines what has
been established by an autonomous source.13
B.
The Court’s role
6.
With regard to the Court, it should be recalled that its role is to impart justice in the
area of human rights pursuant to the law and, more specifically, pursuant to the Convention.
Consequently, it enjoys the broadest possible autonomy in its task, which means that it is
essential that it is extremely rigorous in the exercise of it competences and, therefore, in its
respect for the principles inherent in every jurisdictional body, such as impartiality,
independence, objectivity, political neutrality, equanimity, full equality before the law and
justice, non-discrimination and absence of prejudice, and all of this in order not to undermine
the efforts it has been making for more than 40 years.
7.
Moreover, based on the foregoing and also recalling that the objective sought by the
Court in the exercise of its contentious jurisdiction should be the prompt and effective
restoration by the State concerned of respect for the violated human rights, 14 it is essential
that it proceed pursuant to the principle of “pacta sunt servanda”;15 in other words, require of
the State what it really freely and sovereignly undertook to comply with.16 Thus, the legal
security that this rule signifies should not be understood as a limitation or restriction for the
development of human rights, but rather as the instrument that can best ensure respect for
them.
8.
Likewise, it should be noted that, although disputes relate to the violation of rights of
the individual and even though the latter may, based on the regulations, although not on the
Convention, lodge briefs before the Court and be heard by it, 17 the corresponding proceedings
Art. 38 of the Statute of the International Court of Justice: “1. The Court, whose function is to decide in accordance
with international law such disputes as are submitted to it, shall apply:
13
(a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting
states;
(b) international custom, as evidence of a general practice accepted as law;
(c) the general principles of law recognized by civilized nations;
(d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists
of the various nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo if the parties agree thereto.”
Art. 63(1): “If 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.”
14
Art. 26 of the Vienna Convention on the Law of Treaties: "Pacta sunt servanda." Every treaty in force is binding
upon the parties to it and must be performed by them in good faith.
15
Hereinafter, the Vienna Convention on the Law of Treaties will be identified as “the Vienna Convention”.
Art. 33: “The following organs shall have competence with respect to matters relating to the fulfillment of the
commitments made by the States Parties to this Convention:
16
a. the Inter-American Commission on Human Rights, referred to as “The Commission;” and
b. the Inter-American Court of Human Rights, referred to as “The Court.”
Art. 25(1) of the Court’s Rules of Procedure: “Participation of the Alleged Victims or their Representatives. Once
notice of the brief submitting a case before the Court has been served, in accordance with Article 39 of the Rules of
Procedure, the alleged victims or their representatives may submit their brief containing pleadings, motions and
evidence autonomously and shall continue to act autonomously throughout the proceedings.”
17
And Arts. 39(1)(d) and (5), 40, 42(3), 43, 46(1), 50(5), 51(5), (7) and (9). 52(2), 53, 56, 62, 63, 66(2), 66(1) and
(6), and 69(1) and (3), all of the Court’s Rules of Procedure.
3