The Normative Impact of the Inter-American Court of Human Rights on Latin-American National Prosecution of Mass Atrocities

Abstract

Throughout its history, the Inter-American Court of Human Rights has ruled in a significant number of cases on the state's obligations to investigate and prosecute grave human rights violations and international crimes. Regardless of the existence of this body of international jurisprudence, an important question remains unanswered: Can the Inter-American Court's decisions have any significant normative impact on national jurisdictions when it comes to the prosecution of international crimes? This article argues that such an impact is possible provided that the national courts have a specific judicial identity, better associated with the idea of neo-constitutionalism. In this context, international law and regional human rights jurisprudence becomes a relevant argumentative resource, which can be incorporated into judicial decisions in order to ensure the effective prosecution of gross human rights violations and international crimes.