"They warn against responding to crimes committed by non-State
entities (including terrorist groups) with crimes perpetrated by the State
itself: the results are invariably the disruption of the rule of law (État de
droit), social decomposition, killings of innocent people, impunity and
corruption."63
In the same line of thought, I added in my Concurring Opinion in the case of Acosta
Calderón versus Ecuador (Judgment of 06.24.2005), that “The serious evils or our times,
- drug trafficking, terrorism, organized crime, among so many others, - must be
combated from within the Law, since they can not simply be confronted with their own
weapons: said evils may only be overcome from within the Law." (para. 8)
82.
At the same time, the victims of violations to human rights that result from
terrorist acts can find themselves in different juridical situations if said acts have been
perpetrated, on one hand, by mere individuals or clandestine or non-identified agents or,
on the other hand, by agents of the State itself. Both types of victims are, all of them,
under the protection of the Law, even when the applicable law is different in one case and
the other. The concerning contemporary diversification of the sources of the violations to
human rights does not because of that deprive or remove the victims from the protection
of the Law, which is due to them in any and all circumstances.
83.
The victims of violations to human rights attributable to the State are protected by
the regulations of International Human Rights Law (along with the rights enshrined in the
constitution), which precisely determines the State’s international responsibility, - while
the victims of terrorist acts attributable to non-state agents or groups are protected by
the regulations of criminal law, which precisely determines the criminal responsibility of
individuals, and whose application must be pursuant to the international human rights
regulations binding to the State in question. Thus, nobody is removed from the protection
of the Law, even when the applicable law may be different according to the circumstances
of each specific case.
84.
Both the State through its powers or agents, as well as simple individuals (even
clandestine or non-identified agents), are compelled to not violate the rights inherent to
human beings. Said obligation is enshrined, in the human rights treaties and treaties of
International Humanitarian Law (that are binding to the State in question), as well as the
regulations of domestic criminal law (that must be applied pursuant to those treaties).
The victims of terrorist acts or their next of kin can seek justice through criminal law. As
has been stated in a recent study on the subject,
"The issue of the obligations of the non-State actor as regards the
right to life hardly arises in practice. Taking a life is clearly illegal under
national law and there would normally be no reason to raise this before a
national court in terms of human rights law."64
.
A.A. Cançado Trindade, "International Law for Humankind: Towards a New Jus
Gentium - General Course on Public International Law - Part I", 316 Recueil des Cours de
l'Académie de Droit International de la Haye (2005) p. 431.
63
.
A. Clapham, Human Rights Obligations of Non-State Actors, op. cit. supra n. (7),
p. 368.
64
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