Introduction

The status of individuals under international law is no longer in doubt: individuals are subjects of international law and as such are accorded rights. Yet rights are illusory without the procedural capability to enforce them. They are no more than high-minded principles if individuals whose rights have been violated have no avenue for complaint and relief. International courts and commissions are often empowered to enforce human rights and to attribute responsibility to States that violate their obligations. These enforcement bodies must employ equitable procedures that balance victims' rights and States' treaty obligations. The practice and procedures of these bodies can ensure or impede an individual victim's access to justice.

The Inter-American Court of Human Rights is the sole judicial organ in the Inter-American human rights system. As such, it is the final arbiter of human rights in those American States that have ratified the American Convention on Human Rights. In 2001, the Court substantially revised its Rules of Procedure to more effectively address issues of timeliness and victim representation before the Court. In addition, the increasing numbers of decisions issued by the Inter-American Court in recent years has presented the Court with diverse procedural issues, allowing it to establish consistent practices in applying its procedures.