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Santo Domingo Massacre v. Colombia
Published online by Cambridge University Press: 01 January 2021
Abstract
International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Whether Court lacking jurisdiction ratione materiae — Non-international armed conflict — Application of international humanitarian law — Interpretation of scope of provisions of American Convention on Human Rights, 1969 using international humanitarian law — Whether failure to exhaust domestic remedies — Whether remedy of contentious-administrative jurisdiction always necessary — Article 46 of American Convention on Human Rights — Whether preliminary objections to be rejected
International tribunals — Inter-American Court of Human Rights — American Convention on Human Rights, 1969, Article 67 — Interpretation of judgment — Request for interpretation of judgment by representatives of victims — Impossibility of requesting modification or expansion of judgment through request for interpretation — Whether Court having jurisdiction to determine applicable domestic provisions or indicate persons entitled to recourse — Whether request admissible
Human rights — Right to a fair trial — Judicial protection — Articles 8 and 25 of American Convention on Human Rights, 1969 — Whether acknowledgement of responsibility substantiated — Assessment of activities carried out by ordinary, military, disciplinary and contentious-administrative jurisdictions — Whether scope of military criminal jurisdiction restrictive and exceptional — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights
Human rights — Right to life — Humane treatment — Children — Obligation to adopt domestic legal provisions — American Convention on Human Rights, 1969, Articles 4, 5, 19 and 2 — Right to humane treatment of next of kin of victims — Application of juris tantum presumption regarding direct family members — Protection measures for children — Special obligation to protect children in non-international armed conflict — Whether Colombia violating Articles 4, 5, 19 and 2, in relation to Article 1(1) of American Convention on Human Rights
Human rights — Right to freedom of movement and residence — Right to individual property — Articles 22 and 21 of American Convention on Human Rights, 1969 — Evolutive interpretation of Article 22 of American Convention protecting right not to be forcibly displaced within State Party — Additional Protocol II to Geneva Conventions and customary international humanitarian law used to interpret scope of Article 21 of American Convention — Whether States to take into account greater vulnerability and increased harm to property rights of people living in poverty — Whether Colombia violating Articles 22 and 21, in relation to Article 1(1) of American Convention on Human Rights
Human rights — Right to honour — Article 11 of American Convention on Human Rights, 1969 — Whether State submitting individuals or groups to hatred, stigmatization, public scorn, persecution or discrimination by means of public declarations by public officials — Whether lack of evidence — Whether Colombia violating Article 11, in relation to Article 1(1) of American Convention on Human Rights
Damages — Reparations — Monetary and other reparations — Damages for pecuniary and non-pecuniary loss — Beneficiaries — Injured victims and next of kin of victims not receiving reparation under domestic contentious-administrative jurisdiction — Establishment of domestic reparation mechanism for benefit of beneficiaries — Requirement of public act of acknowledgement of international responsibility — Other non-pecuniary remedies, Article 63(1) of American Convention on Human Rights, 1969
War and armed conflict — Non-international armed conflict — Applicable law — Relationship between humanitarian law and human rights — 1977 Additional Protocol II to the Geneva Conventions — Precautions in attack — Cluster bomb launched on village and machine-gun attack on civilians — Principle of distinction between civilians and combatants — Principle of proportionality
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