INTERNATIONAL HUMANITARIAN LAW IN THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
Keywords:
International Humanitarian Law, American Court of Human Rights, Inter-American corpus juris, lex specialis, control mechanismAbstract
The Inter-American Court began to explicitly refer to IHL as of 2000. The study of its jurisprudence enables the identification of the factual bases upon which the Court verified that the facts of the relevant cases had taken place within a context of armed conflict, and of the legal bases establishing its jurisdiction to refer to a legal framework that is external to the Inter-American corpus juris. The case law also demonstrates that on the basis of interpretations in light of IHL, the Court has reinforced the content and scope of human rights and of the obligations of States; and that, going beyond mere interpretation, the Court declared the breach of IHL principles and ordered reparation measures to guarantee the implementation of IHL. As such, the Inter-American Court has become an indirect mechanism for the control of IHL.
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