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the international criminal law, finally contemplated in the Rome Statute and the
corresponding elements of crime.
5. Today, our regional corpus juris is compiled in a convention on this subject and the
world system has created a treaty of the same nature- after such convention- that
reflects the universal condemnation and establishes its terms. The Inter-American
Convention on Forced Disappearance of Persons contains, among other provisions, a
description of the forced disappearance and confers upon the Court subject-matter
jurisdiction to hear violations of these provisions – and legal interests embodied in
such provisions- which make up such treaty. This description informs on the
composition of the criminal definitions, the inclusion of which is binding on the States
Parties to such Convention, according to what the Court has mentioned, contributing in
this way to the fulfillment of the domestic bodies of law under the standards provided
for in international documents. In this and in other judgments, the Court itself has
urged the adoption, as elements of crime, of the description of disappearance
contained in binding international treaties.
6. The evolution of the subject-matter jurisdiction of the Inter-American Court –
expansive jurisdiction that constitutes a valid data about the growing judicial oversight
of human rights- already comprises, apart from the American Convention, in what it
refers to, other treaties: Protocol of San Salvador (in a very restricted way, which
deserves a profound review); Inter-American Convention to Prevent and Punish
Torture; Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women, Belém do Pará (that the Court applied, for the first time, in
the groundbreaking Judgment delivered in the case of Castro-Castro Prison, in which I
included the explanation about the jurisdiction in the opinion related to such decision)
and Inter-American Convention on Forced Disappearance of Persons.
7. I trust that the future brings other situations of adjudicatory jurisdiction of the
Court, not only in relation to treaties or protocols in force, but by the way of new and
desirable development of human rights Law, which should include certain issues
frequently dealt with, under the form of special conventions. Some of them are already
embodied by global rules and all of them relate to matters or groups of people whose
best protection probably requires specific treaties, given their characteristics within the
American region: indigenous people, minors, migrants, due process, adults, individuals
deprived of liberty, relevant behaviors from the view point of bioethics, among others.
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