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

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.