Nunca más se refiere al intento de nombrar el horror y la atrocidad, como en el caso de Auschwitz o el “Nunca Más” del informe sobre la desaparición forzada durante la última dictadura en Argentina. Se sostiene que, al ser la violación sexual un acto atroz, la justicia transicional, entendida como la búsqueda de la no repetición de la atrocidad, estaría normativamente comprometida con su no repetición, al igual que lo está con la no repetición de la tortura o de (...) la desaparición forzada. (shrink)

The entry into force of the Rome Statute on 1 July 2002 establishing the International Criminal Court has signified a shift in the goals pursued by international criminal law. Due to new types of warfare dynamics, international protection is in need of new orientations, particularly with regard to conflict deterrence aims. This urgency is widely documented by the normative action framework of the Responsibility to Protect and, more recently, by the UN Secretary-General 2012–2013 Reports for the RtoP’s implementation. The scope (...) of this study is twofold. On the one hand, it aims to explore theoretical overlapping between the jus post bellum and the RtoP with regard to deterrence effects of the ICC; on the other hand, it proposes to illustrate such dynamics by reference to Kenya’s post-electoral violence during the period 2007–2013. Kenya represents an instance of a post-conflict society whereby transitional justice actions have taken place under a de facto adoption of a RtoP framework. As a result, I defend a qualified correlation between ICC’s retribution and deterrence effects. I claim that the hypothesis of the ICC’s deterring effects accounts in Kenya is constructed upon a general condition of direct compliance by self-interested rational actors as well as on unintended effects of ethnic stabilization. I further consider that this possibility is reinforced by systemic interdependencies with other national and international initiatives such as the Kenyan National Dialogue and Reconciliation mediation initiative, the Grand Coalition Government, the Panel of African Eminent Personalities led by Kofi Annan, and the findings of the Commission of Enquiry of Post-Election Violence. (shrink)

The present essay explains law as a way of mastering the past in case of large-scale human rights violations. On the example of the theory and practice of transitional justice, such key strategies for mastering the past as truth, justice and reconciliation are viewed as forms of mutual recognition. The very phenomenon of transitional justice is conceived as a ‘border situation’, which makes it possible to clarify the true nature of law as an antithesis to violence and its fundamental connection (...) with the peace. (shrink)