La dimensión normativa de la justicia transicional, el Sistema Interamericano y la negociación con los grupos armados en Colombia

Translated title of the contribution: The regulatory dimension of transitional justice, the inter-American system and the negotiations with the armed groups in Colombia

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Abstract

This paper discusses the normative or juridical dimension of transitional justice in Latin America and Colombia, and more precisely the challenge of having one of its legal components, the one related to the rules and standards on victims' rights as established by the Inter-American Court of Human Rights, effectively enforced and guaranteed by the Colombian authorities. The thesis is based on the assumption that the incorporation of these rules and standards is mandatory for Colombia and for the States of the American Convention, both in normal situations and in the framework of transitional processes, as the one initiated in this country, first with the paramilitaries, and currently with the guerrillas. The paper additionally shows that the adoption of these standards originating in International Human Rights Law seems unclear, which leads us to question the consistency of the process and to point out the risk of future prosecution by international courts.

Translated title of the contributionThe regulatory dimension of transitional justice, the inter-American system and the negotiations with the armed groups in Colombia
Original languageSpanish
Pages (from-to)113-159
Number of pages47
JournalACDI Anuario Colombiano de Derecho Internacional
Volume7
DOIs
StatePublished - 2014

All Science Journal Classification (ASJC) codes

  • Law

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