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Vol 23 No 1 Jan/Feb 2018

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The Law of Privilege

Edited by: Bankim Thanki
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The Inter-American Human Rights System as a Safeguard for Justice in National Transitions: From Amnesty Laws to Accountability in Argentina, Chile and Peru

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ISBN13: 9789004289727
Published: August 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £159.00

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In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the importance of the Inter-American Human Rights System for transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru. She examines which factors influence a country’s approach in confronting its past and addressing impunity. The emphasis is placed on the way countries may overcome amnesty laws with the support of international law in order to hold perpetrators of grave human rights violations to account. The book’s main focus is on the Inter-American Court of Human Rights, and the impact of its jurisprudence on legal proceedings and political decisions within the national transitional justice processes in the three countries.

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Human Rights and Civil Liberties, Other Jurisdictions , Latin America
A. Introduction
B. The Duty of States to Investigate and Prosecute under International Law
C. Decisions within the Inter-American Human Rights System on Amnesty Laws and the Duty to Investigate and Prosecute
1. The Inter-American System for the Promotion and Protection of Human Rights
2. Reports by the Inter-American Commission on Human Rights
3. Judgments of the Inter-American Court of Human Rights
4. Critical Appraisal of the Jurisprudence
5. Conclusion
D. National Law and Practice on Amnesties in Latin America
1. The Status of International Law in Latin American Jurisdictions
2. Case Study: Argentina
3. Case Study: Chile
4. Case Study: Peru
5. Comparative Analysis
E. Conclusion
F. Appendices
1. The Inter-American Convention on Human Rights (Excerpt)
2. Amnesty Laws in Latin America (Selection)
G. Bibliography