International Tribunal Spotlight:
The Inter-American Court of Human Rights
(IACHR)
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Introduction
The Inter-American Court of Human Rights (IACHR) is one of two organs established by Article 33 of the 1969 American Convention on Human Rights to ensure compliance with human rights obligations undertaken by parties to the Convention and member states of the Organization of American States.
Together with the Inter-American Commission on Human Rights, which promotes observance and defense of human rights through fact finding missions and site visits, reports and analyses, recommendations, and Court petitions, the Court is at the core of the inter-American human rights system created by the Organization of American States.
The Organization of American
States (OAS) is made up of 35 countries in the
The Court convened its first
session in Washington DC on June 29, 1979, approximately
one year after the American Convention entered into force.
It now has its seat in San Jose,
Composition and Structure
The Court consists of seven judges who are elected by states parties to the Convention from a slate of judges proposed by the individual states. Elections are by secret ballot.
Successful nominees will have demonstrated an expertise in human rights, be of high moral authority, and satisfy criteria for serving as a judge in his or her own country. All judges must be a citizen of an OAS member state. No two judges elected to the Court may be from the same state.
Judges serve on the Court in their individual capacities for a renewable six year term of office. Once elected, judges enjoy diplomatic immunity and privileges recognized by international law and are also shielded from liability for their official decisions and opinions.
The Court’s Statute and Rules of Procedure also provide for a Court President and Vice President as well as a Permanent Commission and Secretariat to support the work of the judges and the functioning of Court.
The President and Vice President are elected by a majority of members of the Court for a renewable two year term. The President serves as the Court’s official representative, promotes the work of the Court, presides over its meetings, and is responsible for preparing the Court’s annual report, in addition to performing other managerial duties.
Only the President and Vice President work on a full time basis. Although the other judges serve on a part time basis, they remain at the disposal of the Court and will travel to San Jose for each of the Court’s four regularly scheduled sessions and also for special sessions. Instead of receiving an annual salary, judges are remunerated for performance of their duties for each day they are in session at a per diem rate of $150.
The Court’s Permanent Commission, which is composed of the President, the Vice President, and at least one other judge appointed by the President, is responsible for assisting the President in ensuring the functioning of the Court and in dealing with special matters related to its work.
Administrative functions of the Court are attended to by a Secretariat in accordance with the instructions of the Court’s President and under the direction of a full time Secretary, who is appointed by members of the Court for a five year period.
In addition to preparing draft work schedules, rules and regulations, and budgets, the Secretariat manages the Court’s correspondence and communicates its judgments, advisory opinion, orders, and other rulings.
Jurisdiction
The Court enjoys both contentious (adjudicatory) jurisdiction and advisory jurisdiction.
Contentious jurisdiction extends to matters involving the alleged violation of the substantive human rights found in the Convention and the failure of states parties to guarantee and respect these rights.
Only states parties and the Inter-American Commission on Human Rights may bring a case before the Court. There is no individual right of petition.
In contentious cases, judgments of the Court are considered final and are not subject to appeal. States must adopt measures necessary to fully comply with the decision and guarantee its domestic implementation in a prompt and effective manner.
The Court is also authorized by the Convention to issue provisional measures, including measures to protect the life and physical integrity of the petitioners and witnesses, in cases under its consideration where the Court finds situations of extreme gravity and urgency requires it to act in order to avoid irreparable damage to persons.
It is considered part of the Court’s inherent powers to monitor compliance with judgments and implementation of provisional measures. It does so by directly requesting information from states parties on compliance and also from the Inter-American Commission and the party whose Convention rights have been violated. If a state fails to comply with a decision, the Court may notify the OAS General Assembly.
In exercising its advisory jurisdiction, the Court may interpret provisions of the American Convention on Human Rights, other human rights treaties of the inter-American system, and the compatibility between domestic laws of member states and international instruments. Any member state or OAS organ may request an advisory opinion.
For the period 1979-2006, the Court issued 162 judgments, 71 provisional measures, and, 19 advisory opinions.
Funding/Court Budget
Funding for the Court is authorized by the General Assembly of the Organization of American States. The Convention provides the Court with competence for developing its own budget.
The Court’s budget for 2007 amounted to approximately $1.6 million, a significant increase from the $1.3 million budget authorized in 2006. The overall budgets for the OAS and the Inter-American Commission for 2007 are $81.5 million and $3.6 million respectively.
The European Union has been a principal financial supporter of the Court.
For More Information
OAS Department of International Legal Affairs
University of Minnesota Human Rights Library
Center for Justice and International Law (CEJIL)
Andrew Solomon, ASIL Director
of Programs
International
Judicial Monitor