2
"the classic vision of a single, undifferentiated regime of international responsibility no
longer corresponds to the actual stage in the evolution of this issue in contemporary
international law. The customary search for a normative and conceptual hierarchy in the
international legal system (illustrated by the introduction of jus cogens) has, I believe,
established aggravated international responsibility in cases of particularly serious
violations of human rights and international crimes, with all its juridical consequences.
Because of their particular gravity, international crimes and violations of jus cogens
affect the basic values of the international community as a whole" (para. 33).
6.
This Court’s judgment on reparations in the Case of the Plan de Sánchez
Massacre is conceived and reasoned in the same way as its previous judgment on
merits in this case. The different forms of reparation ordered by the Court in this
judgment correspond to the aggravating circumstances of the human rights
violations established by the Court in the corresponding judgment on merits. The
State’s aggravated international responsibility derives from those circumstances
(although this is not meant to suggest an inadequate analogy with categories of
domestic criminal law.)
7.
Indeed, in a case such as this, the facts speak for themselves and eloquently
reveal that, contrary to what some international legal doctrine insists on eluding or
ignoring, State crimes do exist. The State’s intention to cause damage when the
facts occurred was reliably proved, and established its international responsibility
based on negligence or guilt. The human rights violations, victimizing numerous
members of a specific ethnic group, were perpetrated in the name of a State policy.
8.
How can the existence of State crime be denied? How do international jurists
who surreptitiously support State sovereignty answer this question, bearing in mind
the facts of this case? How long will they continue to close their eyes to the reality of
the facts? How long will they shortsightedly obstruct the realization of justice at the
international level? How long will they delay the development of the law on the
State’s international responsibility? How long will they postpone the creation and
consolidation of a genuine rule of law and, within that framework, a genuine right to
law?
9.
Since State crime is a reality, as the facts of the instant case prove
conclusively, the concomitant determination of the State’s international responsibility
and the criminal liability of the perpetrators is essential. Even though the InterAmerican Court can only deal with the former, there are complementarities between
the responsibility of the State and that of the individual. It is not possible to deal
with individual responsibility alone, as contemporary international criminal law does.
Convergence must be promoted between the latter and international human rights
law, as convergences between international humanitarian law, international refugee
law and international human rights law, at the normative and also the hermeneutic
and operational levels have been intensified over the last decade – as I have been
affirming for years – in order to maximize the protection of human rights. 1
10.
The convergences are necessary to foster this protection, particularly when
the public power structure is distorted and placed at the service of repression (and
1
.
Cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, tomo I, 1a.
ed., Porto Alegre, S.A. Fabris Ed., 1997, cap. VIII, pp. 269-352; A.A. Cançado Trindade, El Derecho
Internacional de los Derechos Humanos en el Siglo XXI, Santiago de Chile, Editorial Jurídica de Chile,
2001, chap. V, pp. 183-265; A.A. Cançado Trindade, Derecho Internacional de los Derechos Humanos,
Derecho Internacional de los Refugiados y Derecho Internacional Humanitario - Aproximaciones y
Convergencias, Geneva, ICRC, [2001], pp. 1-66.