6 17. There are, effectively, various ways whereby a continuing situation in breach of the protected human rights may be established. Such situation may take place by a succession of acts as well as by a continuing omision on the part of the public power. Thus, a "continuing situation may arise, for instance, from the persistence, either of national laws incompatible with the Convention, or of a jurisprudence constante of national tribunals clearly adverse to the victim"13. And it may likewise arise from the persistence of an omission on the part of the State, for example, for the noninvestigation of the harmful facts leading to the perpetuation of the impunity of those responsible for them, or for the absence of positive measures to guarantee the free and full exercise of the protected rights. 18. One ought not to lose sight of the fact, as I warned in my Separate Opinion in the aforementioned Blake case (merits, 1998), that a particularly grave delict, as that of the forced disappearance of persons, encompasses fundamental non-derogable rights, which bring us to the domain of jus cogens. This latter, on its turn, reveals, as one of its underlying elements, the concept of objective illegality: the forced disappearance of persons is nowadays condemned by the universal juridical conscience, parallel to the application of treaties (par. 25). It should not pass unnoticed either that the Inter-American Convention on Forced Disappearance of Persons itself, in its preamble, characterizes the delict of forced disappearance as an "affront to the conscience of the hemisphere". And also the Rome Statute on the International Criminal Court evokes, in its preamble, "the conscience of humanity". 19. In effect, in my aforementioned Separate Opinion, I added that "It is not reasonable that the contempo_ary law of treaties continues to aligning itself to a pattern from which it sought gradually to free itself, in giving expression to the concept of jus cogens in the two Vienna Conventions on the Law of Treaties. It is not reasonable that, by the almost mechanical application of postulates of the law of treaties erected upon the autonomy of the will of the State, one would restrain (...) a reassuring evolution, fostered above all by the opinio juris as a manifestation of the universal juridical conscience, to the benefit of all human beings" (par. 28). 20. A notable contribution of the present Judgment of the Inter-American Court lies, in my view, in its emphasis onb the superior values underlying the norms of protection, having primacy over the sword of Damocles of the dates of manifestation of the State consent. This is what distinguishes the results of the case Trujillo Oroza from those of the Blake case, - both of forced disappearance of persons. An international legal order based only on acts of individual will is condemned to be fragmented. In turn, an international legal order emanated from the human conscience of what is just (rectae rationis) will be more cohesive and integrated. Above the will is the conscience. 21. The tipification, at international level, of the continuing or permanent delict of the forced disappearance of persons, with all its juridical consequences, is a definitive achievement of the International Law of Human Rights, emanated, ultimately, from the universal juridical conscience, material source par excellence of all Law. In fact, in the present case, the Inter-American Court deemed it equitable to determine the amounts of reparations taking into account the totality of the facts (between 1971 and 2002) - 13 . IACtHR, case Genie Lacayo versus Nicaragua (appeal for revision of judgment), Dissenting Opinion of Judge A.A. Cançado Trindade, Series C, n. 45, p. 25, par. 27.