Publication: The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
No Thumbnail Available
Date
2019-06
Authors
Advisor
Court
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Defense Date
Metrics
Citation
Abstract
This chapter uses the case study of Colombia to argue that there is an emerging right to justice born out of the aspirations of international criminal law. This right comprises several elements, each finding its own unique realisation in the context of Colombia’s transition to peace. More specifically, the chapter discusses the right to see perpetrators of mass atrocities held accountable, the right to peace and reconciliation, the right not to face repetition of collective violence, victims’ right to justice, the right to truth, and, finally, the right to local administration of justice. The International Criminal Court (ICC) plays a role in enforcing these various elements of the overarching right to justice but with clear limitations dictated by the nature of international criminal law as a discipline relying on State cooperation and its own moral appeal. Such process is best understood if one sees the ICC as the enforcer at the domestic level of the generic right to justice.
Unesco subjects
License
metadata access only
School
IE Law School
Center
Keywords
Citation
Aksenova, M. (2018). The Emerging Right to Justice in International Criminal Law: a Case Study of Colombia. Human Rights Norms in ‘Other’International Courts, iCourts Working Paper Series, (135). https://doi.org/10.1017/9781108584623.005