The Transitional Justice Model in Colombia vis- à- vis the Inter- American Human Rights System: Amidst the Conventionality Control and the National Margin of Appreciation

Abstract

This chapter assesses the international consequences of the transitional justice model in Colombia. It demonstrates that the Colombian transitional justice model, and particularly the integrated system for truth, justice, reparation, and non-repetition, are likely to successfully withstand the ‘conventionality control’ by the Inter-American Court of Human Rights (ICtHR). The chapter then presents a model to be used by the Inter-American organs when analysing the Colombian transitional justice model. In seeking to accommodate the needs of the transitional process with the demands for justice, the model proposes a harmonizing technique between the notions of ‘conventionality control’, developed by the Inter-American Court since 2006, and the ʼnational margin of appreciation’ doctrine, developed by the European Court of Human Rights (ECtHR). This harmonizing approach would allow States to implement the most adequate mechanisms for the consolidation of a lasting peace scenario. © The various contributors 2021.