11 31. It is, then, appropriate to rescue the approach to this matter that bears in mind the fundamental or higher interests of the international community, which has led to the definition of crimes of State, with their own specificity in international law. Moreover, we must always bear in mind the fundamental principles of the law, without which the juridical order simply is not realized and it ceases to exist as such. As I stated in my Concurring Opinion in the recent Advisory Opinion No. 18 of the InterAmerican Court of Human Rights, on the Juridical Status and Rights of Migrants without Documents (of 17.09.2003): - “Every legal system has fundamental principles that inspire, permeate and shape their provisions. These are the principles (...) that, evoking the first causes, sources or origins of provisions and rules, give cohesion, coherence, and legitimacy to the legal provisions and to the legal system as a whole. They are the general principles of law (prima principia) that give the legal order (...) its inevitable axiological dimension; they reveal the values that inspire the whole legal order and that, ultimately, provide its very foundations. This is how I conceive the presence and position of principles in any legal order, and their role in the conceptual universe of the Law. (...) Provisions and rules issue from the prima principia and find their meaning in them. The principles are thus present in the origins of the Law itself” (paras. 44 and 46). 32. In that same Separate Opinion, I added that the abuse and atrocities suffered by so many human beings everywhere “have ultimately awakened the universal juridical conscience to the urgent need to reconceptualize the very foundations of the international juridical order” (para. 25), and progress of this order is in accordance with the rise of human awareness of the need for realization of the common weal and of justice (para. 26). In this same vision, the definition both of crimes of State, based on establishment of an especially grave violation of international law, and of the respective forms of reparation, as compensations and punishments at the same time (cf. infra), are inescapably linked to the evolution of an international community with greater integration and solidarity, aware of the basic principles and the higher values that it must preserve and that must guide it.42 VI. The act of invoking the international responsibility of the State by the Human Being as a Subject of International Law. 33. In the instant Judgment in the Myrna Mack Chang versus Guatemala case, the Inter-American Court, when it found a violation of the rights to fair trial and to judicial protection to the detriment of the immediate next of kin of Myrna Mack Chang, ruled that the “military intelligence operation of the Presidential General Staff,” which generated her murder, also “sought to conceal the facts and sought impunity of those responsible, and to this end, with tolerance by the State, it resorted to all types of means, including harassment, threats and murders of those cooperating with the courts. All this has affected the production of evidence and independence of the judiciary, has delayed the criminal proceeding, and has a negative impact on the development of this proceeding” (para. 216). In the instant Judgment of the Court, both Myrna Mack Chang and her immediate next of kin have been deemed the victims of the aforementioned violations of rights. 42 . R. Besné Mañero, El Crimen Internacional - Nuevos Aspectos de la Responsabilidad Internacional de los Estados, Bilbao, Universidad de Deusto, 1999, pp. 140 and 185-186.

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