Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-06-04T23:46:09.977Z Has data issue: false hasContentIssue false

Santo Domingo Massacre v. Colombia

Inter-American Court of Human Rights.  30 November 2012 ; 19 August 2013 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)