Preventive reparations at a crossroads: the Inter-American Court of Human Rights and Colombia’s search for peace

Abstract

ABSTRACTIn recent cases regarding Colombia, the Inter-American Court of Human Rights has deferred certain components of reparations to domestic mechanisms. This article reflects on this new tendency with regard to the ability of the court to generate changes within the state parties that will ensure the long-term prevention of human rights violations. A thorough examination of the court’s decisions in various Colombian cases demonstrates the progression of how this new approach emerged and shows that it stands in sharp contrast with the approach the court had developed since 2000. The article then turns to exploring possible causes for and consequences of these changes in the Colombian context.