Der IAGMR – ein Gerichtshof mit politischer Agenda?

Upon request of Colombia, the IACtHR issued an advisory opinion concerning obligations of a state that has withdrawn from the ACHR as well as of the remaining member states. The Court set up two new requirements for a valid denunciation of the ACHR which exceed the exigencies of art. 78 ACHR. Firstly, the denunciation must be preceded by a »pluralistic, public and transparent debate"81 within the withdrawing state. Secondly, the withdrawal must be undertaken in good faith. While the Court's goal of preventing an exit wave to the detriment of vulnerable individuals losing their human rights protection is understandable, the introduction of these new denunciation requirements raises questions both regarding their legitimacy and effectiveness. Although the legal derivation of these conditions must be described as progressive, the IACtHR acts at the margins – but still within its competence. A potential deterring effect of such an interference in domestic affairs both for existing member states as well as prospective ones should however not be underestimated. The reception of these new requirements by ACHR member states and the practical translation of these still vague conditions into the inter-American human rights system will have to be closely monitored.