Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences

This paper aims to identify and compare how international law has been mobilized to fill domestic rule of law gaps regarding the individual accountability for gross human rights violations in post-authoritarian transitions in Argentina, Brazil, and Chile. Mapping how courts —especially supreme court...

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Главный автор: Torelly, Marcelo
Формат: Article ou chapitre numérique
Язык:Anglais
Опубликовано: Teoria politica 2020
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spelling openedition-oai:revues.org:tp_767 en https://journals.openedition.org/tp/767 2020-05-26T02:00:00Z info:eu-repo/semantics/openAccess article info:eu-repo/semantics/article urn:handle:20.500.13089/lh9o All rights reserved Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences Teoria politica Rosenberg & Sellier info:eu-repo/semantics/reference/issn/1972-5477 info:eu-repo/semantics/reference/issn/0394-1248 URI:https://journals.openedition.org/tp Torelly, Marcelo Rule of Law Transitional Justice Argentina Brazil Chile This paper aims to identify and compare how international law has been mobilized to fill domestic rule of law gaps regarding the individual accountability for gross human rights violations in post-authoritarian transitions in Argentina, Brazil, and Chile. Mapping how courts —especially supreme courts— mobilize historical narratives to deal with the past, it argues that not only the institutional architecture but also its combination with a substantive historical understanding of the nature of the previous regime is important for accountability to happen. It explores the argument that in the aftermath of authoritarian rule, broader social support of the former regime influences judicial historical interpretation in favor of continuity between the authoritarian and democratic legal orders (promoting a sense of authoritarian legality adequacy). In the opposite way, broader knowledge of human rights violations and political pressure for accountability tend to decrease social support for authoritarian provisions, stimulating a perception of legal inadequacy that makes rule of law gaps explicit, which favors the use of international law as a subsidiary source that provides formal and legitimate legal criteria to address past wrongdoing. The wider the recognition of authoritarian rule as an unlawful regime, the better the chances that a global norm of individual accountability will make its way into domestic courts.
collection OpenEdition Journal
language Anglais
format Article ou chapitre numérique
building 0/Bibliothèque numérique/
1/Bibliothèque numérique/OpenEdition Journals/
topic Rule of Law
Transitional Justice
Argentina
Brazil
Chile
spellingShingle Rule of Law
Transitional Justice
Argentina
Brazil
Chile
Torelly, Marcelo
Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
description This paper aims to identify and compare how international law has been mobilized to fill domestic rule of law gaps regarding the individual accountability for gross human rights violations in post-authoritarian transitions in Argentina, Brazil, and Chile. Mapping how courts —especially supreme courts— mobilize historical narratives to deal with the past, it argues that not only the institutional architecture but also its combination with a substantive historical understanding of the nature of the previous regime is important for accountability to happen. It explores the argument that in the aftermath of authoritarian rule, broader social support of the former regime influences judicial historical interpretation in favor of continuity between the authoritarian and democratic legal orders (promoting a sense of authoritarian legality adequacy). In the opposite way, broader knowledge of human rights violations and political pressure for accountability tend to decrease social support for authoritarian provisions, stimulating a perception of legal inadequacy that makes rule of law gaps explicit, which favors the use of international law as a subsidiary source that provides formal and legitimate legal criteria to address past wrongdoing. The wider the recognition of authoritarian rule as an unlawful regime, the better the chances that a global norm of individual accountability will make its way into domestic courts.
author Torelly, Marcelo
author_facet Torelly, Marcelo
author_sort Torelly, Marcelo
title Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
title_short Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
title_full Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
title_fullStr Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
title_full_unstemmed Domestic Rule of Law Gaps and the Uses of International Human Rights Law in Post-Atrocity Prosecutions: Argentina, Brazil, and Chile Transitional Justice Experiences
title_sort domestic rule of law gaps and the uses of international human rights law in post-atrocity prosecutions: argentina, brazil, and chile transitional justice experiences
publisher Teoria politica
publishDate 2020
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