Human Rights, International Courts and Deliberative Democracy

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Human Rights, International Courts and Deliberative Democracy

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dc.creator Gargarella, Roberto, 1964-
dc.date.accessioned 2008-12-03T20:11:49Z
dc.date.available 2008-12-03T20:11:49Z
dc.date.created 2008
dc.date.issued 2008-12-03T20:11:49Z
dc.identifier.uri http://hdl.handle.net/2152/4078
dc.description.abstract The aim of this paper is to discuss about some legal problems generated by situations of gross violations of Human Rights, and to do so from the perspective of a “communicative” approach to the Criminal Law. I am interested in stressing the importance of having an inclusive collective discussion for deciding how to deal with situations of massive violation or rights –and particularly of showing the legal implications of not having such a collective debate. In this exploration, I will frequently back my arguments with the theoretical views of two authors, namely Antony Duff and Carlos Nino. In the first part of my paper, I contrast Antony Duff’s communicative view –as applied to the analysis of International Criminal Law- with alternative approaches. Then, I examine the connection of this communicative perspective with a deliberative conception of democracy. In the second part of my paper, I try to demonstrate the merits of this approach for dealing with hard cases involving gross violations of Human Rights and the participation of foreign tribunals. In this final part, I test the potential of the deliberative view in three real and recent hard cases. The examples that I take into account are the case of the 1983 self-amnesty Law in Argentina (a self-amnesty passed by members of the last Military Junta, before handing over power to the new democratic authorities); and the Barrios Altos and Simón cases, which also involved amnesties directed at pardoning gross violations of human rights (amnesties that, in these cases, were not passed by military regimes, but rather by democratic or -in the case of Barrios Altos- quasi-democratic/quasi-authoritarian governments)
dc.language.iso eng
dc.relation.ispartofseries Visiting Resource Professor Papers;
dc.subject Argentina
dc.subject International Law
dc.subject Democracy
dc.subject Human Rights
dc.title Human Rights, International Courts and Deliberative Democracy
dc.type Working Paper
dc.description.department Latin American Studies

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