Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.2 Jurisdiction and Functions, Article 63-2

Abstract

This chapter investigates Article 63-2 of the American Convention on Human Rights (ACHR). Article 63-2 of the ACHR organizes a special incidental procedure before the Inter-American Court of Human Rights. It recognizes the Inter-American Tribunal's competence to order provisional measures under certain conditions. In addition to the claims on the violation of the ACHR lodged under Articles 44 (individual petition), or 45 (inter-State communication), the petitioner may bring an incidental request to the Court. Its purpose is to obtain from the respondent State the adoption of a certain type of conduct, pending the decision on the merits of the case. Article 63-2 is divided into two sentences which refer to two distinct procedural moments. The first sentence refers to the Court's jurisdiction to order interim measures in the event of a petition brought before it. The second sentence of Article 63-2 concerns cases for which “it has not yet been seized” and which are therefore being examined by the Commission.