The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia

Forthcoming in M. Scheinin (ed) Human Rights Norms in ‘Other’ International Courts

iCourts Working Paper Series No. 135

University of Copenhagen Faculty of Law Research Paper No. 2018-59

34 Pages Posted: 11 Jul 2018 Last revised: 18 Sep 2018

See all articles by Marina Aksenova

Marina Aksenova

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Multiple version iconThere are 2 versions of this paper

Date Written: July 9, 2018

Abstract

This paper explores the nature of cross-fertilization between international criminal law and human rights law. It is argued that international criminal justice does not only ‘borrow’ from the discipline of human rights law when defining substance and procedure but also generates its own unique set of rights and obligations. They stem from the variety of objectives pursued by international criminal law, including retribution, deterrence, reconciliation, setting the historical record and justice for victims. Different goals produce different societal and individual expectations, which are collectively captured by the emerging sui generis right to justice widely promoted by international criminal law. The paper uses for its analysis the case study of Colombia – a country under the preliminary examination of the International Criminal Court since 2004 and currently implementing the peace deal aimed at ending protracted civil war in the country. This case illustrates how international criminal law values enshrined in the Rome Statute trickle down to the specific situation and merge with the goals of transitional justice and the logic of human rights.

Keywords: sui generis right to justice, complementarity, Colombia, peace deal, human rights law, goals of international criminal law

Suggested Citation

Aksenova, Marina, The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia (July 9, 2018). Forthcoming in M. Scheinin (ed) Human Rights Norms in ‘Other’ International Courts; iCourts Working Paper Series No. 135; University of Copenhagen Faculty of Law Research Paper No. 2018-59. Available at SSRN: https://ssrn.com/abstract=3210522 or http://dx.doi.org/10.2139/ssrn.3210522

Marina Aksenova (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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