20 "The silence of the universe led me to the conclusion that the world is meaningless. This silence points to the evils of war, poverty and the suffering of the innocent. (...) All I can 73 do is write about it and keep writing about it .” After transcribing these words by A. Camus, the abovementioned theologist added that "one of the hardest problems facing human beings is the existence of evil. It is not an exclusively religious problem. Any feeling person is disturbed by evil and by pain 74.” 55. I could not avoid giving, in this Separate Opinion, recognition to the suffering of the silent victims in the instant case of the Sawhoyamaxa Community — as well as those of the previous related case of the Indigenous Community Yakye Axa — and addressing, in particular, the memory of the innocent who lost their lives along a roadside, and the pain of their surviving next of kin who survive, along the same roadside, in the distress imposed on them by human greed and stinginess. As I pointed out in my Separate Opinion in the Judgment on reparations int he case of the “Street Children “ (Villagrán Morales et al.) v Guatemala, Judgment of May 26, 2001, the triad formed by victimization, human suffering and rehabilitation of the victims has not been sufficiently considered by contemporary international legal experts and in contemporary international case law, and there is a pressing need to do so, based on the integrality of the personality of the victims (paras. 2-3 and 23 of the Opinion), taking into account even their cultural identity. 56. In the same Separate Opinion in the Case of the “Street Children” (reparations), I also noted that: “(…) But even if those responsible for the established order do not perceive it, the suffering of the excluded ones is ineluctably projected into the whole social corpus. The supreme injustice of the state of poverty inflicted upon the unfortunate ones contaminates the whole social milieu (…). Human suffering has a dimension which is both personal and social. Thus, the damage caused to each human being, however humble he might be, affects the community itself as a whole. As the present case discloses, the victims are multiplied in the persons of the surviving close next of kin, who, furthermore, are forced to live with the great pain inflicted by the silence, the indifference and the oblivion of the others.” (para. 22). Thanks to the existence of international human rights jurisdiction, the silence of the innocent in the instant case, has, however, echoed at the international level. The instant case of the Sawhoyamaxa Community shows that their legal entity and capacity were affirmed and exercised beyond question. This is particularly meaningful in the circumstances of the case, dealing with members of an indigenous community. 57. VIII. Final Considerations. 1. The Rights of the Indigenous Peoples in the Formation and the Development of the Law of Nations (Jus Gentium). 58. In recent years, draft declarations and studies are being developed in the framework of international organizations (both the United Nations and the 73 . Quoted in H. Mumma, Albert Camus e o Teólogo, São Paulo, Carrenho Edit., 2002, page 30. 74 . Ibid., pages 31-32.