The jurisprudence of the Inter-American Court of Human Rights on amnesties laws: a reference for the needed transatlantic ‘cross-fertilization’
Abstract
Since the judgment of Barrios Altos, the Inter-American Court of Human Rights has followed an exemplary path declaring that amnesties do not have any legal effect and are contrary to the main provisions of the American Convention of Human Rights. Later decisions in cases of Almonacid Arellano, Gomes Lund and Gelman consolidated legal inefficiency of self-amnesties. All these precedents constitute an international reference, but the Spanish High Court that has endorsed the impunity of Franco regime crimes has not attended it. Now then the verdict in the Masacres del Mozote considering the right to peace, could have opened the route to change the punishing criteria in a posconflict scenario in order to be applied to the peace process in Colombia.
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