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International Law
versão impressa ISSN 1692-8156
Resumo
JAIMES-AMADO, María Cecilia e PRIETO-SANJUAN, Rafael A. JUSTICE AND PEACE, OR WHEN ALL ROADS LEAD TO... THE HAGUE!. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.166-229. ISSN 1692-8156.
In Colombia, ongoing discussions go on vehemently on whether or not the "peace process" corresponds to certain "international standards", as well as on the possibility of substituting national for international jurisdiction. All the while, there exist several examples that, from an historical perspective, might offer a clear enough response to the above mentioned concerns. Consequently, this article does not focus on the Colombian case, but on the past and present experiences related to justice administration in transitional situations or, better yet, on finding an answer to the question of grave, systematic or massive violations of some fundamental rights in a specific time and place. Indeed, it is necessary to inquire about the circumstances and conditions that yield to post-war tribunals, mixed courts (national-international), as well as a permanent international jurisdiction, e.g. the International Criminal Court, that could impose limits and conditions to the pretended or exclusive national jurisdiction to solve some justice problems in transitional situations.
Palavras-chave : International Jurisdiction; International Criminal Justice; Transitional Justice; Ad hoc Tribunals.