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Ⅰ The Historical Recovery of the Human Person as Subject of the Law of Nations1

Ⅰ. Introduction: The Legacy of the Individual's Subjectivity in the Emerging Law of Nations1

Ⅱ. The Individual's Presence and Participation in the International Legal Order3

Ⅲ. The Rescue of the Individual as a Subject of International Law6

Ⅳ. Personality and Capacity: the Individual's Access to Justice at International Level13

Ⅴ. Concluding Observations: The Historical Significance of the International Subjectivity of the Individual15

Ⅱ The Exercise of the Right of Access to International Justice: The Right of International Individual Petition17

Ⅰ. Evolution and Juridical Nature of the Right of Individual Petition17

Ⅱ. Consolidation and Scope of the Right of Individual Petition20

Ⅲ. The Titularity of the Right of Individual Petition: Distinct Formulations22

Ⅳ. The Significance and Overriding Importance of the Right of Individual Petition27

Ⅴ. The Right of Direct Access of Individuals to International Human Rights Tribunals32

1. Developments in the European System of Protection32

2. Developments in the Inter-American System of Protection37

3. Developments in the African System of Protection46

Ⅵ.Concluding Observations47

Ⅲ Access to Justice at International Level and the Right to an Effective Domestic Remedy50

Ⅰ. Access to International Justice and Admissibility of Petitions50

Ⅱ. The Right to an Effective Domestic Remedy as a Basic Pillar of the Rule of Law in a Democratic Society51

Ⅲ. The Intangibility of Judicial Guarantees in All Circumstances56

Ⅳ. The Right to Recognition of Juridical Personality58

Ⅴ. The Converging Case-Law of the European and Inter-American Courts of Human Rights on the Rights of Access to Justice and to a Fair Trial59

Ⅳ The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law63

Ⅰ. Introduction63

Ⅱ. The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law in the Case-Law of the IACtHR64

Ⅲ. The Overcoming of Vicissitudes as to the Right to an Effective Remedy in the Jurisprudential Construction of the ECtHR66

Ⅳ. The Right of Access to Justice Lato Sensu71

Ⅴ. Concluding Observations74

Ⅴ Access to International Justice in Relation to the Interaction between International Law and Domestic Law76

Ⅰ. Access to International Justice of Victims of Human Rights Violations: General Considerations76

Ⅱ. The Interaction between International Law and Domestic Law in Human Rights Protection82

Ⅲ. The Needed Revision or Control of Reservations to Human Rights Treaties89

IV The Interaction between International Law and Domestic Law and the Rule of Exhaustion of the Local Remedies98

1. Human Rights Treaties and the Role of National Courts98

2. The State's Duty to Provide Effective Local Remedies and the Individual's Duty to Have Recourse to Them:The Emphasis on Redress or the Realization of Justice99

3. The Rationale of the Local Remedies Rule in Human Rights Protection100

Ⅴ. The Principle of Complementarity in International Criminal Law107

Ⅵ. Beyond Subsidiarity: State Responsibility, Substantive Law, and the Interaction between International Law and Domestic Law in the Present Domain of Protection110

Ⅳ Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction113

Ⅰ. The Intangibility of International Jurisdiction113

Ⅱ. The Position of International Human Rights Tribunals114

1. Developments in the European Human Rights System114

2. Developments in the Inter-American Human Rights System115

3. General Assessment118

Ⅲ. Direct Access of Individuals in Provisional Measures of Protection119

Ⅳ. Access to Justice: The Realization of the Right to Justice120

Ⅴ. The Prevalence of the Guarantees of the Due Process of Law122

Ⅳ. Concluding Observations123

Ⅶ New Developments in the Notion of 'Potential Victim':The Preventive Dimension of Protection125

Ⅰ. Introduction125

Ⅱ. Origins and Development of the Notion of Victim125

Ⅲ. The Continuing Evolution of the Notion of'Potential Victim'127

Ⅳ. New Developments of the Notion of'Potential Victim'129

1. Autonomous Configuration of the Notion of Victim in its Preventive Dimension130

2. Condition of Victim and Legitimatio ad Causam:A Precision130

Ⅴ. Concluding Observations131

Ⅷ The Protection of Victims in Situations of Great Adversity or Defencelessness-I132

Ⅰ. Introduction: International Protection of Victims in Distress132

Ⅱ. The Drama of Uprootedness and the Growing Need of Protection of Migrants133

Ⅲ. The Protection of Migrants in International Case-Law142

1. European Human Rights System142

2. Inter-American Human Rights System144

a The Advisory Opinion on the Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law (1999)145

b The Advisory Opinion on the Juridical Condition and Rights of Undocumented Migrants (2003)147

Ⅳ. Concluding Observations149

Ⅸ The Protection of Victims in Situations of Great Adversity or Defencelessness-II151

Ⅰ. Introduction: The Centrality of the Suffering of the Victims151

Ⅱ. The Protection of Abandoned or'Street Children'152

Ⅲ. The Protection of Members of Peace Communities and Other Civilians in Situations of Armed Conflict157

Ⅳ. The Protection of Internally Displaced Persons163

Ⅴ. The Protection of Persons under Sub-human Conditions of Detention171

Ⅳ. Concluding Observations: The Prevalence of Human Rights of Persons in Situations of Vulnerability174

Ⅹ Access to Justice of Victims of Massacres and Crimes of State179

Ⅰ. Massacres and Crimes of State: Introductory Observations179

Ⅱ. Victims of Massacres182

Ⅲ. The Determination of the Aggravated Responsibility of the State183

Ⅳ. The Determination of the Condition of Victim186

1. Identified and Identifiable Victims: Identification of Victims at Distinct Stages of the Procedure186

2. Classification or Categorization of Victims187

3. Centrality and Expansion of the Notion of Direct Victim188

Ⅴ.The Victims'Right to Redress189

Ⅳ. Concluding Observations190

Ⅺ The Overcoming of Obstacles to Direct Access to Justice192

Ⅰ. Introduction192

Ⅱ. The Proper Role of International Human Rights Tribunals193

Ⅲ. Towards the End of Self-Amnesties194

Ⅳ. The Right to the Law {droit au Droit/Derecho al Derecho)as an Imperative of Jus Cogens196

Ⅴ. The Expansion of the Material Content of Jus Cogens198

Ⅵ. The Evolving Presence of Victims in International Criminal Jurisdictions201

Ⅶ. Concluding Observations: The Protection of the Human Person in the Light of Considerations of International Ordre Public205

Conclusions209

Select Bibliography213

Ⅰ. Books213

Ⅱ. Courses, Collections, Contributions to Books218

Ⅲ. Monographs and Reports224

Ⅳ Articles225

Index231