41
82.
As has been recognized in international jurisprudence, the absence of one
party at any state of the case does not affect the validity of the judgment75, so that,
pursuant to Article 68(1) of the Convention, Peru’s obligation to comply with the
decision of this Court in the instant case is in force76.
X
VIOLATION OF ARTICLE 20
(RIGHT TO NATIONALITY)
The Commission’s arguments
83.
With regard to Article 20 of the Convention, The Commission argues that:
a)
in “Supreme Resolution” No. 0649-RE, of November 27, 1984, the
President of Peru resolved: a) to grant Peruvian nationality to Mr. Ivcher; b)
to record this in the respective register; and c) to issue him the corresponding
nationality title, once he had renounced his original nationality in a public
instrument;
b)
on December 6, 1984, Mr. Ivcher Bronstein renounced his Israeli
nationality in a document drawn up before a public notary and, the following
day, after having officially received the document with the renunciation of
Israeli nationality, the Minister for Foreign Affairs of Peru issued him the
nationality title, which was also signed by the Minister Counselor Director of
Nationalization and the Deputy Minister and Secretary General;
c)
according to Articles 20 and 29(b) of the American Convention and
articles 2(21) and 53 of Peru’s Constitution, no authority has the power to
deprive a Peruvian of nationality. According to the domestic law of Peru,
Peruvian nationality may only be lost by a voluntary act of express
renouncement. Therefore, any procedure that deprives a Peruvian citizen of
his nationality is arbitrary;
d)
Mr. Ivcher Bronstein never renounced his Peruvian nationality, but his
nationality title was revoked and, in consequence, he was deprived of the
administration of Channel 2 and all his fundamental rights as a Peruvian
citizen;
75
Cf. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of
America), Merits, Judgment, I.C.J. Reports 1986, p. 23, para. 27. See also, Cf., inter alia, Fisheries
Jurisdiction (United Kingdom v. Iceland), Jurisdiction of the Court, Judgment, I.C.J. Reports 1973, p. 7,
para. 12; Fisheries Jurisdiction (United Kingdom v. Iceland), Merits, Judgment, I.C.J. Reports 1974, p. 9,
para. 17; Nuclear Tests (Australia v. France), Judgment of 20 December 1974, I.C.J. Reports 1974, p.
257, para. 15; Aegean Sea Continental Shelf, Judgment, I.C.J. Reports 1978, p. 7, para. 15; and United
States Diplomatic and Consular Staff in Tehran, Judgment, I.C.J. Reports 1980, p. 18, para. 33.
76
Cf. Constitutional Court case, supra note 8; para. 62.