U.S. Circuit Court Judge to State Attorney on ‘Amnesty Act’: “Have you read the Barrios Altos ruling?” | principle

U.S. Circuit Court Judge to State Attorney on ‘Amnesty Act’: “Have you read the Barrios Altos ruling?”  |  principle

The judge highlighted the international relevance of the Martens Rule, which establishes that the principles of humanitarianism apply in cases not covered by international law. Photo: César Pastor Briceño/IDH Court

During the investigation conducted Inter-American Court of Human Rights Regarding the (Inter-American Court) Bill “Amnesty Act”A judge at the Inter-American Court questioned Cesar Pastor Brisino about his knowledge of the Barrios Altos judgment, a landmark case of international jurisprudence on human rights.

The judge’s initial question sought to clarify whether the Peruvian public prosecutor had read and understood the judgment and separate opinions of the participating judges in the case, to which the defense responded affirmatively.

With this in mind, the state attorney explained that the provision of the bill refers to functional responsibility, indicating that Article 138 of Peru’s political constitution enables all judges to exercise widespread control. This would imply that judges have the constitutional power to review the application of a provision without authorizing it. However, he noted that some internal organizations have publicly expressed views that contradict this interpretation.

In turn, counsel referred to the judge’s notable exception Consado Trindade If Upper neighborhoods. This concept, according to the judge, will be highly appreciated internationally and will address the application Martens rule, which dates back 120 years, defines the obligations of states in relation to war crimes and crimes against humanity. Concato discusses in his opinion a summary of reasons for humanity and how these constrain state reasons, providing a normative and legal framework for interpreting the obligations of states in cases of gross violations of human rights.

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Martens rule

The Martens rule In cases not provided for by existing international law, it establishes that populations and combatants are under the protection and rule of principles of international law derived from established customs, principles of humanity and demands of public conscience. This principle is fundamental to the evolution of international humanitarian and human rights law. condition To justify violations of fundamental rights.

What the Barrios Altos ruling was all about

The Barrios Altos judgment was a landmark in international jurisprudence, as it declared that any amnesty, remedy, and liability exemption aimed at preventing the investigation and punishment of those responsible for serious human rights violations would be inapplicable. The The Inter-American Court decided These actions are inconsistent with the American Convention on Human Rights, which emphasizes the duty of states to investigate, prosecute, and punish those responsible for these crimes.

What is ‘Amnesty Act’?

The “Amnesty Law” is a legislative proposal that would prevent justice for victims of human rights violations during Peru’s civil war. Human rights organizations and victims’ families Concerned The scheme will be used to protect those involved in serious crimes.


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