IJ №1(13) 2015
The application of the principle of due diligence in the fight against impunity in the jurisprudence of the Inter-American Court of Human Rights

Abstract

The article is an examination of how the Inter-American Court of Human Rights applies the principle of due diligence and the evolution of the jurisprudence on that matter. The author analyzes the Court’s case law on access to justice in the light of the fight against impunity and defines due diligence standards which call for enhancing state responsibility. In particular, the article provides an overview of topics like i) permissible restrictions on the guarantee of non bis in idem, ii) interstate judicial cooperation and extradition; iii) Inter-American jurisprudence regarding crimes against humanity, iv) abuse of rights and obstacles to due diligence, v) obstacles to categorizing criminal offences, and vi) transitional justice and systematic crimes.

Issue articles