8
6.
That in order to make the rights enshrined in the American Convention effective,
the State Party has the obligation, erga omnes, to protect all persons under its
jurisdiction. In the opinion of the Court, said general obligation extends not only to the
power of the State but also to the actions of private individuals, including any kind of
irregular armed groups. The Court notes that given the special circumstances of the
instant case, and the general situation of the armed conflict in the State, it is necessary
to ensure the protection, through provisional measures, of all members of the
Community, in accordance with the provisions of the American Convention and of
International Humanitarian Law.3
7.
That pursuant to Article 63(2) of the Convention it is compulsory for the State
to adopt such provisional measures as this Court may order, insofar as the basic
principle of the Law of State Responsibility, supported by international case law,
provides that States must fulfill their treaty obligations in good faith (pacta sunt
servanda).
8.
That this Court has, on past occasions,4 ordered the protection of a plurality of
persons who have not been previously named but who can be identified and
determined and who are in grave danger because they are part of a group or
community. The Peace Community of San José de Apartadó, of approximately 1,200
people, is an organized community, located in a specific geographic location, whose
members may be identified and recognized and, because they belong to said
community, they all face the same risk of aggression against their personal integrity
and life.
9.
That given that the situation existing in the Peace Community has forced its
residents to move to other regions of the country, it is necessary for the State to
ensure that the beneficiaries of these measures can continue to live in their usual
residence5 and to provide the necessary conditions so that those members of the
Community who have been forced to leave may return to their homes.
10.
That the State must guarantee the protection of the civilians that are the
beneficiaries of these provisional measures, in accordance with the provisions of the
American Convention and the rules of International Humanitarian Law, and ensure that
said rules are observed by all agents, whether state or private, in the context of the
domestic armed conflict in Colombia.6
3
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering
clause No. 9, and Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 8.
4
Cf., inter alia, Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM.
Provisional Measures. Order of the Inter-American Court of Human Rights of November 17, 2005,
Considering clause No. 6, Matter of Luisiana Ríos et al (Radio Caracas Televisión – RCTV), supra note 2,
Considering clause No. 11, and Matter of the Peace Community of San José de Apartadó, supra note 1,
Considering clause No. 7.
5
Cf., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 10, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering clause
No. 8, and Matter of Giraldo Cardona. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 5, 1997, Considering clause No. 5.
6
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering
clause No. 9, and Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 8.
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