Book contents
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
5 - The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
Published online by Cambridge University Press: 22 July 2019
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
Summary
This chapter uses the case study of Colombia to argue that there is an emerging right to justice born out of the aspirations of international criminal law. This right comprises several elements, each finding its own unique realisation in the context of Colombia’s transition to peace. More specifically, the chapter discusses the right to see perpetrators of mass atrocities held accountable, the right to peace and reconciliation, the right not to face repetition of collective violence, victims’ right to justice, the right to truth, and, finally, the right to local administration of justice. The International Criminal Court (ICC) plays a role in enforcing these various elements of the overarching right to justice but with clear limitations dictated by the nature of international criminal law as a discipline relying on State cooperation and its own moral appeal. Such process is best understood if one sees the ICC as the enforcer at the domestic level of the generic right to justice.
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- Human Rights Norms in ‘Other' International Courts , pp. 132 - 162Publisher: Cambridge University PressPrint publication year: 2019