La inseguridad jurídica de los acuerdos de paz a Ia luz del régimen jurídico internacional de los crímenes de ius cogens y la justicia de transición

Abstract

While the international legal regime of ius cogens crimes is normatively prevalent over the legal recognition of the main elements of transitional justice, it would be a mistake to reject the concerns expressed by transitional justice theorists in light of the experience gained in the last twenty-five years. Similarly, hoping to force a change in its content through a policy of fait acompli, as in the situations in Colombia, Northern Ireland and Spain, is certainly the wrong strategy. What is needed now is to reach some degree of consensus on the nature, goals, scope and content of the different elements of transitional justice, and, on this basis, to make an effort to end this 'dialogue of the deaf' that, for more than two decades, has characterized the relationship between those interacting on overlapping fields of application.