La inseguridad jurídica de los acuerdos de paz a la luz del régimen jurídico internacional de los crímenes de ius cogens y la justicia de transición

Translated title of the contribution: Juridical insecurity of the peace agreements under the international legal regime for ius cogens crimes & transitional justice

Research output: Contribution to journalArticlepeer-review

Abstract

While the international legal regime of ius cogens crimes is normatively prevalent over the legal recognition of the main elements of transitional justice, it would be a mistake to reject the concerns expressed by transitional justice theorists in light of the experience gained in the last twenty-five years. Similarly, hoping to force a change in its content through a policy of fait acompli, as in the situations in Colombia, Northern Ireland and Spain, is certainly the wrong strategy. What is needed now is to reach some degree of consensus on the nature, goals, scope and content of the different elements of transitional justice, and, on this basis, to make an effort to end this "dialogue of the deaf" that, for more than two decades, has characterized the relationship between those interacting on overlapping fields of application.

Translated title of the contributionJuridical insecurity of the peace agreements under the international legal regime for ius cogens crimes & transitional justice
Original languageSpanish
Pages (from-to)78-102
Number of pages25
JournalPolitica Criminal
Volume12
Issue number23
DOIs
StatePublished - Jul 2017
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Law

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