El derecho internacional penal como instrumento de resistencia en los tribunales populares: el Tribunal Internacional para la Justicia Restaurativa Aplicación en El Salvador

Abstract

In 2009, the International Tribunal for the Restorative Justice Enforcement in El Salvador was created by civil society as a response to the context of state inertia and repeated refusal on the part of public authorities to comply with their responsibility for international humanitarian law and rights human, particularly with regard to access of the many victims of armed conflict to justice. It is a place where countless stories of suffering, abuse and violence during the conflict, until then silenced begin to emerge and begin to be addressed from the legal language. This article argues that the use of legal language, especially to international criminal law, and the centrality given to victims allows the characterization of the Court as a transitional instrument of justice and strengthening of the democratic regime, despite its unofficial character (not state-owned). Therefore, the article refers to the literature on the courts of the people and the concept of non-violent civil resistance.