Court can do regarding a judgment it has delivered, not simply because of the principle
that in public law only that which is permitted by standards may be done, but also in
recognition of the principle of legal certainty involved in the handing down of the
judgment, which is conveyed as definitive as well, for the tribunal from which it has
been issued.
Then, logically, it should be understood that monitoring compliance with judgments is
provided for in the Rules, for the purposes specified in Articles 65 of the Convention
and 30 of the Statute, namely, that the Court include in its annual report to
the General Assembly of the OAS states that have not complied with its
judgments in the relevant period, and not to evade that obligation.
This regulatory mechanism cannot, therefore, be expected to replace the competence,
enshrined in the Convention, of the General Assembly of the OAS on the matter, even
if the Assembly should fail to exercise its competency, or fail to do so in proper form. It
is not for the Court to judge the actions of that political body, the highest of the
organization.
III.- Shortcomings and risks of the mechanisms provided.
Neither can the aforementioned regulatory mechanism be justified by the fact that
applicable conventional legal standards do not establish other, more appropriate
mechanisms to effectively guarantee compliance with the judgments of the Court.
Especially seeing as how the current mechanism pertains to the application and
interpretation of the Convention,8 and not its modification; a function which is the
exclusive responsibility of the States Parties to the Convention.9 So much so, that
in calculation. The Commission, the victims or their representatives, the respondent State, and,
if applicable, the petitioning State shall be notified if an error is rectified.”
8
Art. 62 of the Convention: “1. A State Party may, upon depositing its instrument of ratification or adherence to this
Convention, or at any subsequent time, declare 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 this Convention.
2. Such declaration may be made unconditionally, on the condition of reciprocity, for a specified period, or for specific
cases. It shall be presented to the Secretary General of the Organization, who shall transmit copies thereof to the other
member states of the Organization and to the Secretary of the Court.
3. 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.”
9
Art. 76 idem: “1. Proposals to amend this Convention may be submitted to the General Assembly for the action it
deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary General.
2. Amendments shall enter into force for the States ratifying them on the date when two‐thirds of the States Parties to
this Convention have deposited their respective instruments of ratification. With respect to the other States Parties, the
amendments shall enter into force on the dates on which they deposit their respective instruments of ratification.”
Art. 39 of the Vienna Convention on the Law of Treaties: “A treaty may be amended by agreement between the parties.
The rules laid down in Part II apply to such an agreement except in so far as the treaty may otherwise provide.”
Art. 40 idem: “Amendment of multilateral treaties.
1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be
governed by the following paragraphs.
2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all
the contracting States, each one of which shall have the right to take part in:
a) the decision as to the action to be taken in regard to such proposal:
b) the negotiation and conclusion of any agreement for the amendment of the treaty.
4