8
29.
On August 4, 1999, the Minister and Counselor of the Embassy of Peru in
Costa Rica appeared at the Secretariat of the Inter-American Court and stated that
they were returning the application in the Ivcher Bronstein case and its appendices.
The Secretariat made a record of these documents’ return.
30.
Peru has been a State Party to the American Convention since July 28, 1978.
In its instrument of ratification of the Convention, the Government noted that the
Convention had been approved by Decree Law No. 22,231, of July 11, 1978, and had
become State law. On the honor of the Republic, it pledged to abide by the
Convention. On January 21, 1981, Peru recognized the contentious jurisdiction of
the Court as follows:
[a]s prescribed in paragraph 1 of Article 62 of the American Convention, the
Government of Peru hereby declares that it recognizes as binding, ipso facto, and not
requiring special agreement, the jurisdiction of the Court on all matters relating to the
interpretation or application of the Convention.
This recognition of jurisdiction is for an unspecified period and on condition of
reciprocity.
31.
Exercising its jurisdiction, the Court took cognizance of the Ivcher Bronstein
case on March 31, 1999, the date on which it formally received the corresponding
application, filed in accordance with articles 48, 50, and 51 of the Convention and
Article 32 of the Court’s Rules of Procedure.
B.
LAW:
32.
The Court must settle the question of Peru’s purported withdrawal of its
declaration recognizing the contentious jurisdiction of the Court and of its legal
effects. The Inter-American Court, as with any court or tribunal, has the inherent
authority to determine the scope of its own competence (compétence de la
compétence/Kompetenz-Kompetenz).
33.
The Court cannot abdicate this prerogative, as it is a duty that the Convention
imposes upon the it, requiring it to exercise its functions in accordance with Article
62(3) thereof. That provision reads as follows:
The jurisdiction of the Court shall comprise all cases concerning the interpretation and
application of the provisions of this Convention that are submitted to it, provided that
the States Parties to the case recognize or have recognized such jurisdiction, whether by
special declaration pursuant to the preceding paragraphs, or by a special agreement.
34.
The jurisdiction of the Court cannot be contingent upon events extraneous to
its own actions. The instruments consenting to the optional clause concerning
recognition of the Court’s binding jurisdiction (Article 62(1) of the Convention)
presuppose that the States submitting them accept the Court’s right to settle any
controversy relative to its jurisdiction. An objection or any other action taken by the
State for the purpose of somehow affecting the Court’s jurisdiction has no
consequence whatever, as the Court retains the compétence de la compétence, as it
is master of its own jurisdiction.
35.
Interpreting the Convention in accordance with its object and purpose (cf.,
infra 39), the Court must act in a manner that preserves the integrity of the