In Velasquez Rodriguez V. Honduras, Series C, No. 4, para. 170 (1988),
the Inter-American Court noted that “An illegal act which violates human
rights and is initially not directly imputed to a State (for example, because it
is the act of a private person or because the person responsible has not been
identified) can lead to international responsibility of the State, not because of
the act itself, but because of the lack of due diligence to prevent the violation
or to respond to it as required by the Convention.”
In Maritza Urrutia v. Guatemala, judgment of 27th November 2003, para
41, during the public hearing, the State asserted that there was no direct
evidence to show that agents of the State were responsible for the violations
committed against the victim. In this respect, the Court considers it
appropriate to indicate that, in order to establish that there has been a
violation of the rights embodied in the Convention, it is not necessary to
determine, as it is under domestic criminal law, the guilt of the authors or
their intention, nor is it necessary to identify individually the agents who are
attributed with the violations.
However, the Application is devoid of any known link between selfdetermination and violation of rights in view of the foregoing. Where the crux
of the main claim is boundary dispute, merely claiming self-determination
cannot bring the matter within the human rights mandate of the Court.
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