Britain apologized for British responsibility in the nineteenth century Irish famine,
Jacques Chirac for the deportation of French Jews to Nazi concentration camps during
World War II, and Bill Clinton for the inaction of the United States government during
the Rwanda genocide or for the support to dictatorships in Latin America.26 In the
context of processes of transition from internal armed conflict to peace, these
acknowledgments acquire special relevance and significance as an ingredient that
strengthens and sustains the others.
36.
Thus, according to the context derived from the conclusion of the armed conflict,
societies can demand that mechanisms exist that are complementary to the obligation of
criminal justice and that satisfy the aspirations of the victims to a greater or lesser
extent. Truth commissions, instruments for integral reparation, mechanisms to provide
care and attention, the protection of vulnerable populations, purges in the public sector,
and institutional reforms are some of the options that legislators and leaders have when
deciding State policies, in combination with the application of criminal justice developed
within a framework of weighing the elements.
37.
A negotiated solution to the internal armed conflict raises several issues regarding
the weighing of these rights, within the legitimate discussion on the need to conclude
the conflict and put an end to future serious human rights violations. States have a legal
obligation to address the rights of the victims and, with the same intensity, the
obligation to prevent further acts of violence and to achieve peace in an armed conflict
by the means at its disposal. Peace as a product of a negotiation is offered as a morally
and politically superior alternative to peace as a result of the annihilation of the
opponent. Therefore, international human rights law should consider that peace is a
right and that the State must achieve it.
38.
Thus, in certain transitional situations between armed conflicts and peace, it can
happen that a State is not in a position to implement fully and simultaneously, the
various international rights and obligations it has assumed. In these circumstances,
taking into consideration that none of those rights and obligations is of an absolute
nature, it is legitimate that they be weighed in such a way that the satisfaction of some
does not affect the exercise of the others disproportionately. Thus, the degree of justice
that can be achieved is not an isolated component from which legitimate frustrations
and dissatisfactions can arise, but part of an ambitious process of transition towards
mutual tolerance and peace.
Diego García-Sayán
Judge
26
Ibid.
8
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