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The Inter-American Court of Human Rights has been carrying out a harmonious application of various regimes of International Law, in particular International Human Rights Law and International Criminal Law. One of the results of this harmonious application is the use of the figure of international crimes in its jurisprudence. This text explores the requirements of provenance that have been developed by the jurisprudence of the Inter-American Court for the application of the figure of international crimes in the contentious cases of the Court, as well as the challenges that derive from this application. Some of these challenges are: (i) different legal qualifications of the same facts due to the differences between the evidentiary standards of human rights and international criminal law; (ii) possible effects on the judicial independence of national judges; and (iii) possible effects on the criminal guarantees of those allegedly responsible for the crimes.

international journal of constitutional law

Retos de la jurisprudencia de la Corte Interamericana de Derechos Humanos en la categorización de conductas como crímenes internacionalesChallenges of the Inter-American Court of Human Rights’ jurisprudence in the categorization of conducts as international crimes