Resumo

ACOSTA L., JUANA I.  e  IDARRAGA M., ANA MARÍA. The scope of the duty to investigate, prosecute and punish in transitions from armed conflict to a negotiated peace: convergences between the Inter-American Human Rights System and the International Criminal Court. Rev. Derecho Estado [online]. 2020, n.45, pp.55-99. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.03.

This article analyzes the scope of the obligation to investigate, prosecute and punish in a scenario of transition from armed conflict to a negotiated peace, in light of the jurisprudence of the Inter-American Human Rights System and the legal framework that governs the International Criminal Court. Through a doctrinal and jurisprudential analysis, the authors identify that there are debates, gaps and problematic issues in the determination of the duty to investigate, prosecute and punish. In order to give greater clarity, the IAHRS and the normative framework of the ICC must be analyzed together, since they can be complementary considering the high criminal content of the obligation. Likewise, the authors find that the existence of gaps in the determination of the obligation, especially in relation to the conducts subject to the obligation and the possibility of selecting cases and concentrating on those most responsible, has serious consequences for the legal security of the States and citizens.

Palavras-chave : Obligation to investigate, prosecute and punish; transitional justice, Inter-American Human Rights System, International Criminal Court, amnesties, case selection, due diligence.

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