demonstrations – that also became of public and notorious knowledge – of repudiation to the attack against the monument, which culminated in a public demonstration in the Campo de Marte, in Lima, on Thursday 09.27.2007, which offered an act of amends to the memorial “The Eye that Cries”. All the victims, - those of the terrorism of Sendero Luminos, as well as those of the State’s terrorism, - must be venerated by the memory of their surviving loved ones and the entire social means. 113. The forms to express the duty to remember – in the exercise of the right to remember76 - vary, - the monument “The Eye that Cries” is one of them, - but they are all emanations of the human spirit, of the ties of solidarity between the living and the dead, which acts of vandalism are not capable of affecting. Acts of vandalism such as those perpetrated against the monument “The Eye that Cries” are moved by a blind hate, and perpetrated in vain, since they do not reach the harmful objective they seek, to erase the memory of the victims. The memory and respect for the dead have outlived, throughout history, the hate and the vain attempts to erase them. 114. In the history of humanity there are successive examples of this primacy of spirit over matter, - primacy that seems to generate despair among the vandals, selfconsumed by their own hate. Throughout history monuments, memorials, temples, and architectural works, works of art and literature, archives, and libraries have been destroyed.77 Those who have started the war are not satisfied with killing human beings (labeled “enemies”), including the elderly, women, and defenseless children; they have destroyed entire families and have also sought to destroy the history of the victims, their history, their way of thinking, their cultural identity, the specific expressions of their feelings, their memory. 115. Here they have made a mistake: it is impossible to impose obscurity. The producers of bodies have not been able to annihilate the spirit of the victims, which survives in their loved ones, who remember them with nostalgia, and, in short, in all their social environment. The search for justice also covers the preservation of their memory, the honor of the victims, of all the victims of terrorism (perpetrated by clandestine groups as well as by the State itself). The demonstrations of cultural identity are equally under the shelter and protection of the Law, as illustrated by the corresponding regulations of numerous contemporary human rights treaties and treaties for the protection of cultural goods and expressions.78 116. Similarly, good books, the most loyal friends of human beings, have not escaped the voracity of warriors, murderers, and vandals throughout history. So much so, that versions of the universal history of the destruction of books have already . Cf., recently, F. Gómez Isa (ed.), El Derecho a la Memoria, Gipuzkoa/España, Giza Eskubideak Derechos Humanos, 2006, pp. 23-615. 76 . Cf. R. Bevan, The Destruction of Memory - Architecture at War, London, Reaktion Books, 2006, pp. 7-212. In 1824-1825, when he was still very young, Víctor Hugo denounced, outraged and in two pamphlets (published years later, in 1831 and 1834), the vandalism in the destruction of monuments and works of architecture in France; cf. V. Hugo, Pamphlets pour la sauvegarde du patrimoine (éd. 1834), [Paris/Barcelona], Éd. A. Minotaure, 2006 [reed.], pp. 13-53. 77 . Regarding the latter, cf. my Concurring Opinion (paras. 21-24) in the Interpretation of Judgment (of 02.08.2006) in the case of the Moiwana Community versus Suriname. And cf., in this regard, 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) pp. 379-396. 78

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