Law and Politics in the Inter-American System: The Amnesty Cases

Journal of Law and Courts (Forthcoming)

Posted: 29 Jan 2019

See all articles by Wayne Sandholtz

Wayne Sandholtz

University of Southern California - School of International Relations; USC Gould School of Law

Mariana Rangel

Independent

Date Written: November 7, 2018

Abstract

The Inter-American Human Rights System takes into account domestic political contexts in ways that sometimes have not been fully recognized. International human rights courts face a tension between the goal of expanding rights and the need to gain legitimacy with domestic constituencies. Cases involving national amnesty laws have posed this dilemma in acute fashion in the Inter-American System. An analysis of those cases and their domestic political contexts shows how the Commission and the Court have taken into account domestic circumstances, the first through the timing of referrals and the second through its jurisprudence.

Keywords: Inter-American Court, Inter-American System, political context, amnesty, human rights

JEL Classification: K33

Suggested Citation

Sandholtz, Wayne and Rangel, Mariana, Law and Politics in the Inter-American System: The Amnesty Cases (November 7, 2018). Journal of Law and Courts (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3317602

Wayne Sandholtz (Contact Author)

University of Southern California - School of International Relations ( email )

Los Angeles, CA 90089
United States

USC Gould School of Law ( email )

Mariana Rangel

Independent

No Address Available

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