Perspectives on the jurisprudence of the Inter-A merican Court of Human Rights about transitional justice and its applicability to the current Colombia's peace negotiations

Authors

Keywords:

Transitional Justice, Peace Process, Inter- American Court of Human Rights, Constitutional Block, Constitutional Court

Abstract

In light of the peace talks that have been promoting the Colombian government, this paper addresses the perspective that has raised the Inter-American Court of Human Rights about transitional justice throughout in its jurisprudence. Doing so, the first part refers to the legal status that the Inter-American Convention of Human Rights and the jurisprudence of the IACHR has within the Colombian legal system and its binding nature. In the second part, will be analyzed the main pronouncements that IACHR has made on amnesties laws in transitional contexts, highlighting the holding created there. In this sense, the judgments of cases decided by the Court on amnesty laws in Peru, Chile, Brazil, Uruguay and El Salvador will be analyzed, concluding that the jurisprudential rules created there are a relevant normative parameter for the eventual peace agreements.

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Published

2015-09-28

Issue

Section

Forum and Agora

How to Cite

Perspectives on the jurisprudence of the Inter-A merican Court of Human Rights about transitional justice and its applicability to the current Colombia’s peace negotiations. (2015). EUNOMÍA. Revista En Cultura De La Legalidad, 9, 147-160. https://e-revistas.uc3m.es/index.php/EUNOM/article/view/2807