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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of Hilaire, Constantine and Benjamin versus Trinidad and Tobago (Merits, Judgment of 21.06.2002)

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Chapter Summary

This chapter discusses the present judgement on the merits and reparations in the case Hilaire, Constantine and Benjamin versus Trinidad and Tobago by Inter-American Court of Human Rights. Arbitrary deprivation of life is commonly associated with the crime of murder. The present case of Hilaire, Constantine and Benjamin reveals that the arbitrary deprivation of life can occur by means of "legal" actions of the organs of the State pursuant to a law which is a source of arbitrariness, and, hence, is incompatible with the American Convention; that is, the arbitrary deprivation of life can occur due to actions or omissions not only of individuals (in inter-personal relations), but also of the State itself, as demonstrates the cas d'espèce. The law of treaties is closely linked to the foundations themselves of International Law, including the domain of the law of the international responsibility of the states.

Keywords: American Convention; Benjamin; Constantine; Hilaire; Human Rights; Inter-American Court of Human Rights; inter-personal relations; law of treaties; legal actions

10.1163/9789004251038_045
/content/books/b9789004251038s045
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