There and Back Again: The Inter-American Human Rights System's Approach to International Humanitarian Law

41 Pages Posted: 9 Mar 2017

Date Written: March 8, 2017

Abstract

The Inter-American Court of Human Rights is constantly deciding cases that relate to the conduct of States in times of armed conflict. However, while a trailblazer in the field of human rights, the Court’s record with regard to the advancement of international humanitarian law is less stellar. In this article I will offer an explanation for this disconnect between the Inter-American System and international humanitarian law. Through the analysis of the court’s humanitarian law case-law, I argue that the Inter-American Court has gone through a long process of adaptation to international humanitarian law, starting with promising beginnings in the late-nineties at the Inter-American Commission, continuing through a philosophical shift in the early 2000s that drove the Inter-American Court away from direct application of humanitarian law, and ultimately returning to humanitarian law-friendly causeways in the 2010s. I also point to the risks entailed by a human rights system not well connected to humanitarian law and the reasons why I believe the Court’s disassociation with international humanitarian law seems to be slowly but steadily tending towards a positive evolution.

Keywords: Inter-American Court of Human Rights, International Humanitarian Law, Armed Conflict, Las Palmeras, Santo Domingo, Chavin de Huantar, False Positives, Lex Specialis, Erga Omnes obligations,

Suggested Citation

Gurmendi Dunkelberg, Alonso, There and Back Again: The Inter-American Human Rights System's Approach to International Humanitarian Law (March 8, 2017). Available at SSRN: https://ssrn.com/abstract=2929570 or http://dx.doi.org/10.2139/ssrn.2929570

Alonso Gurmendi Dunkelberg (Contact Author)

Universidad del Pacifico ( email )

Av. Salaverry 2020
Región Metropolitana
Lima 18, Santiago Lima 11
Peru

Register to save articles to
your library

Register

Paper statistics

Downloads
156
Abstract Views
590
rank
186,745
PlumX Metrics