38
Agreements, has not been established in a normative vacuum[, … so that] when
defining the juridical provisions applicable to this task, it should be noted that, during
the Salvadoran conflict, both parties had the obligation to respect a series of
provisions of international law, including those stipulated in international human
rights law or in international humanitarian law, or in both.”24
118. Based on the above, the Court observes that the State cannot question the
full applicability of the human rights embodied in the American Convention, based on
the existence of a non international armed conflict. The Court considers that it is
necessary to reiterate that the existence of a non international armed conflict does
not exempt the State from fulfilling its obligations to respect and guarantee the
rights embodied in the American Convention to all persons subject to its
jurisdiction,25 or to suspend their application.
119. In its case law, the Court has established clearly that it has the authority to
interpret the provisions of the American Convention in light of other international
treaties, so that it has frequently used provisions from other human rights treaties
ratified by the defendant State to provide content and scope to the provisions of the
Convention. In this regard, in its constant case law,26 this Court has decided that “for
the purpose of interpreting a treaty, it does not only take into account the
agreements and instruments formally relating to it (second paragraph of Article 31 of
the Vienna Convention), but also the context (third paragraph of Article 31).” In its
case law, the Court has indicated that this concept is particularly important for
international human rights law, which has made substantial progress by the
evolutive interpretation of the international protection instruments. These
parameters allow the Court to use the provisions of international humanitarian law,
ratified by the defendant State, to give content and scope to the provisions of the
American Convention.
120. In the context of this case, the Court rejects the preliminary objection entitled
“Lack of jurisdiction rationae materiae,” because the respective allegations refer to
24
Cf. Report of the United Nations Truth Commission on El Salvador, “De la locura a la esperanza:
la guerra de 12 años en El Salvador”, San Salvador, New York, 1992-1993, p. 10.
25
Cf. Case of Bámaca Velásquez, supra note 15, paras. 143, 174 and 207.
26
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 144; Case of the
“Juvenile Reeducation Institute”, supra note 10, para. 148; Case of the Gómez Paquiyauri Brothers, supra
note 10, paras. 165 and 166; Case of Bámaca Velásquez, supra note 15, paras. 126, 157 and 209; Case
of Cantoral Benavides. Judgment of August 18, 2000. Series C No. 69, paras. 98, 100 and 101; Case of
the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63, paras.
192, 193 and 194; Case of the “Panel Blanca” (Paniagua Morales et al.). Judgment of March 8, 1998.
Series C No. 37, para. 133; Juridical Condition and Rights of the Undocumented Migrants. Advisory
Opinion OC-18/03 of September 17, 2003. Series A No. 18, paras. 54 and 120; Juridical Condition and
Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paras. 20-22;
The Right to Information on Consular Assistance. In the Framework of the Guarantees of the due Process
of Law. Opinion OC-16/99 of October 1, 1999. Series A No. 16, paras. 32, 34, 36 and 42; International
Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2
of the American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A
No. 14, para. 21; Interpretation of the American Declaration of the Rights and Duties of Man within the
Framework of Article 64 of the American Convention on Human Rights. Advisory Opinion OC-10/89 of July
14, 1989. Series A No. 10, para. 44; and “Other Treaties” Subject to the Advisory Jurisdiction of the Court
(Art. 64 American Convention on Human Rights). Advisory Opinion OC-1/82 of September 24, 1982.
Series A No. 1, paras. 19 and 21.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos