International Criminal Law, Transnational Criminal Organizations and Transitional Justice
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so prof...
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Brill Academic Publishers
2018
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Acceso en línea: | https://repository.urosario.edu.co/handle/10336/30029 https://doi.org/10.1163/9789004341005 |
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ir-10336-300292020-09-11T21:07:23Z International Criminal Law, Transnational Criminal Organizations and Transitional Justice Derecho penal internacional, organizaciones criminales transnacionales y justicia transicional Olasolo Alonso, Hector Human Rights and Humanitarian Law International Criminal Law International Law International Law: General Interest Public International Law Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge. 2018-08-07 2020-09-11T21:07:03Z info:eu-repo/semantics/Book info:eu-repo/semantics/publishedVersion ISBN: 978-90-04-34099-2 EISBN: 978-90-04-34100-5 https://repository.urosario.edu.co/handle/10336/30029 https://doi.org/10.1163/9789004341005 info:eu-repo/semantics/restrictedAccess application/pdf Brill Academic Publishers International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
institution |
EdocUR - Universidad del Rosario |
collection |
DSpace |
topic |
Human Rights and Humanitarian Law International Criminal Law International Law International Law: General Interest Public International Law |
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Human Rights and Humanitarian Law International Criminal Law International Law International Law: General Interest Public International Law Olasolo Alonso, Hector International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
description |
Parties negotiating the end of authoritarian regimes or armed conflicts are almost inevitably left in a situation of legal uncertainty. Despite their overlapping scope of application, the differences between the approaches of International Criminal Law (ICL) and Transitional Justice (TJ) are so profound that, unless dogmatisms are left aside and a process of dialogue is entered into, it will not be possible to harmonize the current legal regime of international crimes with the need to articulate transitional processes that are capable of effectively overcoming authoritarian regimes and armed conflicts. The serious material limitations shown by national, international and hybrid ICL enforcement mechanisms should be acknowledged and the goals pursued by ICL should be redefined accordingly. A minimum level of consensus on the scope of application, goals and elements of TJ should also be reached. Situations of systematic or large scale violence against the civilian population by transnational criminal organizations increase the challenge. |
format |
info:eu-repo/semantics/Book |
author |
Olasolo Alonso, Hector |
author_facet |
Olasolo Alonso, Hector |
author_sort |
Olasolo Alonso, Hector |
title |
International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
title_short |
International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
title_full |
International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
title_fullStr |
International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
title_full_unstemmed |
International Criminal Law, Transnational Criminal Organizations and Transitional Justice |
title_sort |
international criminal law, transnational criminal organizations and transitional justice |
publisher |
Brill Academic Publishers |
publishDate |
2018 |
url |
https://repository.urosario.edu.co/handle/10336/30029 https://doi.org/10.1163/9789004341005 |
_version_ |
1677976813327876096 |
score |
11,382149 |