Separate Opinion of Judge A.A. Cançado Trindade in the Case of the Brothers Gómez Paquiyauri versus Peru (Judgment of 08.07.2004)

Abstract

This chapter presents the separate opinion of Judge A.A. Cancado Trindade in the Judgment of the Inter-American Court of Human Rights in the case of the Brothers Gomez Paquiyauri versus Peru. He first discusses the tragic vulnerability of the human condition, as ensued from the facts of the present case, and the determination of the birth of the international responsibility of the State. Then, he explains the interaction between international law and domestic law in the present domain of protection, transcending the so-called principle of subsidiarity, and the emancipation of the individual vis-a-vis his or her own State. He also describes the implementation of the international responsibility of the State by initiative of the individual as subject of international law, and imperative law (jus cogens) and the determination of the aggravated international responsibility of the State.Keywords: jus cogens; domestic law; Gomez Paquiyauri; imperative law; Inter-American Court of Human Rights; international law; Judge Antonio A. Cancado Trindade; Peru