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Separate Opinion of Judge A.A. Cançado Trindade in the Case Blake versus Guatemala (Preliminary Objections, Judgment of 02.07.1996)

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Chapter Summary

The Court has a case of disappearance of a person, since it has been established that the detention and death of Mr. Nicholas Chapman Blake occurred between 28 and 29 March 1985, and his presumed mortal remains (later identified as such by a forensic expert) were only found in June 1992. The American Commission on human rights accused the State of Guatemala of the arbitrary and unlawful abduction of Mr. Nicholas Chapman Blake, of perpetrating his forced disappearance and taking his life, affirming that all those events occurred on 28 March 1985 in the place known as Los Campamentos in the Department of Huehuetenango were violated. The great challenge consists in continuing to advance resolutely towards the gradual humanization of the law of treaties as this chapter of international law persists still strongly impregnated with State voluntarism and an undue weight attributed to the forms and manifestations of consent.

Keywords: American Commission on human rights; law of treaties; Los Campamentos; Nicholas Chapman Blake; State of Guatemala; State voluntarism



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