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37 N.Y.U. J. Int'l. L. & Pol. 259 (2004-2005)
New Upload - Remembering the Early Years of the Inter-American Court of Human Rights

handle is hein.journals/nyuilp37 and id is 271 raw text is: NEW UPLOAD - REMEMBERING THE EARLY YEARS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS THOMAS BUERGENTHAL I. INTRODUCTION Recently I was reminded that I am now the last surviving member of the first group of judges elected in 1979 to serve on the newly established Inter-American Court of Human Rights. That explains why I feel the need to reflect on the early years of the Court and some problems we faced. This is not, therefore, your traditional law journal article, but rather the reminiscences and reflections of a human rights judge who had the rare opportunity to participate in a novel and exciting judicial experience. When I joined the Inter-American Court, much of the Western Hemisphere was still in the throes of massive human rights violations. In the Americas of that time, the Cold War permitted the military regimes and civilian dictators to torture and disappear anyone who they labeled as subversive. Often, too, the mere public discussion of human rights could land a person in jail or worse. This was the political climate in which the Inter-American Court opened shop, so to speak. But apart from obstacles to human rights inherent in the political climate, we also faced many practical administrative challenges, for we started at the very beginning. Statutes, rules of procedure, and headquar- ters agreements had to be negotiated and drafted. Internal judicial procedures had to be promulgated. Personnel had to be hired. Even judicial robes had to be purchased. We did all this and more without a budget and with judges serving only part-time, none of whom had prior judicial experience. Twenty-five years on, it is an appropriate moment to re- flect on the history of this experiment in regional human rights protection. These reflections will necessarily be per- sonal, focusing on my appointment to the Court, some early procedural hurdles, our first cases, the evolving relationship with the Commission, our decision to create the Inter-Ameri- 259 Imaged with the Permission of N.Y.U. Journal of International Law and Politics

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