Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 63-1

Abstract

This chapter examines Article 63-1 of the American Convention on Human Rights (ACHR), which is a brief but exceptionally dense provision. On the one hand, it is addressed to States, recalling their obligations in the event of the commission of an internationally wrongful act—from this point of view, the content of Article 63-1 is customary. On the other hand, the provision is addressed to the Inter-American Court itself. Article 63-1 is not deemed to recognize a subjective right guaranteed in favor of the victims of violations of the ACHR. However, the Court stated in its very first judgments that this provision was not only addressed to States and the Court itself but also to individuals. The density of Article 63-1 of the ACHR also stems from the fact that the two relatively short sentences refer to a set of obligations that already exist in general international law.