Principles of Harmonization between the Role and Scope of International Justice and the Demands Arising in Transitional Political Processes

Project: Research project

Description

1- PROBLEM:
The overlapping of situations in which atrocious international crimes are committed and those in which it is necessary to proceed, sooner or later, to political transition processes, has generated great concern. Likewise, the relationship between transitional justice agreements may also encounter tensions with the obligations acquired in the area of International Economic Law, including those related to corporate responsibility, the return and distribution of land, and the rights of investors, among others. Transitional justice theorists and practitioners have often opted to "turn a deaf ear" to the demands of the current international legal regime (in particular with regard to the norms relating to genocide, crimes against humanity and war crimes), in the hope of forcing a change in their content through a fait accompli policy. However, this strategy, in addition to not having the necessary legal legitimacy, also does not seem ideal for resolving existing tensions because it leaves the actors involved in a situation of permanent legal uncertainty.

2. GENERAL OBJECTIVE:

To identify principles of harmonisation between the function and scope of international justice in the fields of general public international law, international criminal law, human rights law and international economic law, and the demands arising from the political transition processes that are being developed to overcome both political regimes characterised by serious violations of human rights and situations of armed conflict.
3. SPECIFIC OBJECTIVES

- To identify the main manifestations and practical scope of the institutions and mechanisms that make up international justice in general public international law, international criminal and human rights law and international economic law.
- To determine, in the light of the different manifestations and radius of action of these institutions and mechanisms, the role of international justice in the field of general public international law, international criminal law and human rights law, and international economic law. Is the relationship between these different mechanisms of complementary, alternative or antagonistic international justice?
- To determine how the demands arising from political transition processes, which are developed to overcome both political regimes characterized by serious human rights violations and situations of armed conflict, conflict with the function and scope of international justice in the field of general public international law, international criminal law and human rights law, and international economic law.
- Identify a set of principles to resolve the tensions observed in specific objective 3.
StatusFinished
Effective start/end date1/1/1712/31/18