4 and intellectually reponsible for acts in violation of the human rights enshrined in the American Convention, and of those who cover them up3. The American Convention, besides other human rights treaties, were conceived and adopted on the basis of the assumption that the domestic legal orders ought to be harmonized with the conventional provisions, and not vice versa. 14. One definitively cannot legitimately expect that such conventional provisions be "adapted" or subordinated to the solutions of constitutional law or of internal public law, which vary from country to country, and even less to particularly circumscribed legal orders, such as military legislations and those pertaining to military courts, by definition of special or limited application. The American Convention, as well as other human rights treaties, seek, a contrario sensu, to have, in the domestic law of the States Parties, the effect of improving it, in order to maximize the protection of the recognized rights, bringing about, to that end, whenever necessary, the revision or revocation of national laws - particularly those of exception - which do not conform to its standards of protection. III. Conceptual Bases of the Duty of Prevention. 15. Beyond the obligations enshrined in the American Convention, and other human rights treaties, it is in the law of the international responsibility of the State that we shall find the conceptual bases of the duty of prevention, already affirmed by this Court (supra). One current of thought, proper of the Grotian tradition of international law, identifies in the fault on the part of the State the basis or source of its international responsibility. This thesis has roots in the subjective element of the culpa of Roman law, element which was rescued therefrom by classical authors like Gentili and Grotius, so as to extend it to acts or omissions on the part of sovereigns and States themselves. This venerable thesis appears to me, data venia, incapable of providing an explanation to the emergence of the duty of prevention in the International Law of Human Rights of our days. 16. On the other hand, a historically more recent current of thought identifies the basis or source of the international responsibility itself of the State in the objective element of risk (absolute liability/responsabilité absolue). This is the thesis which appears to me capable of conceptually establishing the duty of prevention or of due diligence on the part of the States, to avoid human rights violations both by acts as well as omissions imputable to them. 17. This is, in my view, the thesis which best serves the common and superior interest of the States Parties to human rights treaties to safeguard such rights, and the one which best reflects the objective character of the conventional obligations of Commission can and should do" - in the light of the attributions conferred upon it by Articles 41-42 of the American Convention - "upon examining the communications and petitions submitted to it concerning violations of human rights and freedoms protected by the Convention". Inter-American Court of Human Rights, Advisory Opinion OC-13/93, of 17 July 1993, on Certain Attributions of the Inter-American Commission on Human Rights, paragraph 30, and cf. operative paragraph n. 1. 3. Already at the public hearing before the Court, of 27 January 1996, in the present case El Amparo, I had expressed my concern with the question of impunity; cf. Verbatim Records (of that hearing), page 72.