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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Las Palmeras versus Colombia (Preliminary Objections, Judgment of 04.02.2000)

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Chapter Summary

This chapter discusses the present Judgment of the Inter-American Court of Human Rights on Preliminary Objections in the Las Palmeras case concerning Colombia, whereby the Court has dismissed the first, fourth and fifth objections, and has sustained the second and third preliminary objections interposed by the respondent State. The Court has reached a well-founded decision and in full conformity with the relevant norms of the American Convention on Human Rights. The absolute prohibition of grave violations of fundamental human rights-starting with the fundamental right to life-extends itself, in fact, well beyond the law of treaties, incorporated, as it is, likewise, in contemporary customary international law. Such prohibition gives prominence to the obligations erga omnes, owed to the international community as a whole. These latter clearly transcend the individual consent of the States, definitively burying the positivist-voluntarist conception of International Law.

Keywords: erga omnes; Human Rights; Inter-American Court of Human Rights; Las Palmeras; law of treaties; Preliminary Objections; respondent state



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