Abstract

GUTIERREZ RAMIREZ, Luis Miguel. The International Duty to Investigate, Prosecute and Punish serious Human Rights Violations in Transitional Justice Context. Estud. Socio-Juríd [online]. 2014, vol.16, n.2, pp.23-60. ISSN 0124-0579.  https://doi.org/10.12804/esj16.02.2014.01.

This article analyzes, both, the range and limitations established by the Inter-American Court of Human Rights during the exercise of its contentious competence in relation to the duty to investigate, prosecute and punish those responsible for human rights violations. This analysis is made within the framework of Latin-American experience of transitional justice. Thus, it is examined the case law of the Inter-American Court on truth commissions and compatibility between amnesty laws and the American Convention on Human Rights. The main purpose of this work is to enquire whether differentiated parameters exist in subjects such as transit to peace or the negotiated solution to the internal armed conflict. It is argued that the Inter-American Court has a particularly approach for these situations.

Keywords : transitional justice; duty to investigate and punish; internal armed conflict; Inter-American Court of Humans Rights; the right to justice.

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