3 9. Erga omnes protection of the rights protected by human rights treaties inevitably raises the issue of applicability of treaty provisions (the Drittwirkung) to third parties –whether mere individuals, groups of individuals, clandestine groups, armed militia or of any other nature-. In this regard, we should note that the obligation to respect and to ensure respect for all the protected rights, enshrined in some treaties for protection of the rights of the human person,11 may be interpreted to entail the duty of due diligence of the States Parties to prevent denial or abridgement, by others, of the recognized rights of the human person.12 10. In the sphere of International Human Rights Law, there are in fact rights that applicable to “third parties,” with respect to private persons (the Drittwirkung). Thus, Article 2(1)(d) of the Convention on the Elimination of All Forms of Racial Discrimination forbids racial discrimination "by any persons, group or organization.” And the right to privacy (Article 17 of the Covenant on Civil and Political Rights) requires protection of the individual against interference both by the public authorities and by private organizations or groups or individuals. The European Convention (Article 17) and the American Convention (Article 29) on Human Rights, in turn, set forth that nothing in either Convention may be interpreted as implying, for any State Party, “group or person,” an undue restriction or suppression of the enjoyment and exercise of the rights protected. 11. To sum up, even if the Drittwirkung was not considered at the time of drafting and adoption of the European and American Conventions on Human Rights, today it is evolving in the jurisprudence under both Conventions.13 The supreme values that underlie fundamental human rights are such that they merit and require due diligence by the Estate and their effective protection erga omnes, against any interference by public bodies or private groups or individuals. In my opinion, the Drittwirkung is also clearly relevant to International Humanitarian Law.14 11 . American Convention on Human Rights, Article 1(1); Covenant on Civil and Political Rights, Article 2(1), Convention on the Rights of the Child, Article 2(1); European Convention on Human Rights, Article 1; four Geneva Conventions on International Humanitarian Law, Article 1 common; Additional Protocol I to said Geneva Conventions, Article 1(1). 12 . Article 29 of the 1948 Universal Declaration of Human Rights brings to mind, in this connection, the duties of every person with respect to the community. 13 . Cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, Vol. I, 2nd Ed., Porto Alegre/Brasil, S.A. Fabris Ed., 2003, pp. 371-376; A.Z. Drzemczewski, European Human Rights Convention in Domestic Law - A Comparative Study, Oxford, Clarendon Press, 1983, pp. 199-228; J. Rivero, "La protection des droits de l'homme dans les rapports entre personnes privées", in René Cassin Amicorum Discipulorumque Liber, vol. III, Paris, Pédone, 1971, pp. 311 ff. 14 . Thus, e.g., Article 3 common of the four Geneva Conventions of 1949, applicable in noninternational armed conflicts, must be interpreted as addressed both to governments and to their opposition. It is desirable for said Article 3 – which refers, perhaps inadequately, to the "partes em conflito", - to be interpreted and understood as establishing direct obligations for all forces in conflict, both those of the government and those of the opposition. The fundamental guarantees of the human person, enshrined for example in Article 75 of Additional Protocol I and in Article 4 of Additional Protocol II to the aforementioned Geneva Conventions, entail, for their implementation, erga omnes obligations. Article 5(2) of Additional Protocol II, e.g. on the rights of detainees or persons deprived of their liberty (due to armed conflicts) addresses all those “responsible for internment or detention” (of the persons referred to in Article 5(1)): this expression refers to those “de facto responsible” for prisons or any other detention centers, “independently of any recognized legal authority;” see, on the latter point, S. Junod, "Protocol II Article 5", in Commentary on the Additional Protocols of 1977 to the Geneva Conventions of 1949 (by J. Pictet et alii), Geneva/The Hague, ICRC/Nijhoff, 1987, p. 1389.