Abstract

ACOSTA-LOPEZ, Juana Inés  and  ESPITIA-MURCIA, Cindy. PAST, PRESENT AND FUTURE OF TRANSITIONAL JUSTICE IN THE INTERAMERICAN HUMAN RIGHTS SYSTEM. Int. Law: Rev. Colomb. Derecho Int. [online]. 2017, n.30, pp.9-40. ISSN 1692-8156.  https://doi.org/10.11144/javeriana.il15-30.ppfj.

The role of the Inter-American Court of Human Rights to the sustainability of 'Colombia’s peace is uncontestable. The decisions of this regional Tribunal, related to judicial and extrajudicial mechanisms of transitional justice and to the compatibility of the Peace Agreement and the norms and policies issued to its implementation with the American Convention, are already having and will have a fundamental effect in the forthcoming years. Accordingly, it is necessary to revisit the International Tribunal’s case law from a critical and proposal perspective, in order to analyze if the rules established by the Court in the past (most of them, transitions from dictatorships to democracy), have been modified or contextualized in the still incipient case law of the present (transitions from armed conflicts to negotiated peace), and to raise the challenges of the case law of the future, considering in particular the case of Colombia. This article aims to contribute to this analysis, based on the study -both of the cases that have already been decided by the International Tribunal-, as well as those that are in process in this judicial seat.

Keywords : Transitional Justice; Inter-American Court of Human Rights; Truth; Justice; Reparation.

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