Latin & South America

[Keshav Somani is as an Associate with the Dispute Resolution team of S&R Associates, New Delhi] Introduction The International Court of Justice on July 13, 2023, delivered its judgment in the case concerning Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia). The Court concluded by thirteen votes...

[Nina Bries Silva is a former human rights lawyer and PhD candidate in law at the European University Institute (EUI) focusing on the Colombian transitional justice process and indigenous ontologies.] On March 8, 2023, in Bogotá, the Colombian Special Jurisdiction for Peace (JEP) held a press conference unveiling its indictment in the macro-case 05. It charged 10 former commanders of two...

[Carlos Lusverti is the Latin America Legal advisor with the International Commission of Jurists] The principle of presumption of innocence in criminal cases is core to the rule of law. It is also a universally recognized general principle of law, incorporated into general international human rights treaties, the Venezuelan Constitution and domestic law as part of the Criminal Proceedings Code. However,...

[Alejandra Ibarra Chaoul is a journalist and executive director of Defensores de la Democracia, a Mexican nonprofit focused on preventing violence against journalists via memory-building and new narratives for social change.] With 14 journalists killed in Mexico in 2022, the country sustained its place as the world’s deadliest for media workers, even surpassing countries at war, like Ukraine or Yemen, according...

Growing up in Lima, I heard the mythologized story of Columbus “discovering” America (the continent, sorry US) a million times: In a leap of faith, Queen Isabel of Spain sold her Crown jewels to finance a daring explorer’s expedition to unknown lands. Nobody believed in him, but Columbus persevered, proving everyone wrong and discovering a land no one else knew about, on three little caravels,...

Brazil is back. After four years of retrenchment, the new Lula government seems ready to assume, once again, a key position in the international stage. This is a role that Lula knows how to play well. His previous government created the now defunct Union of South American Nations (UNASUR), meant as a counter-weight to a US-dominated OAS. By the time he left office, the region...

To close this symposium on the life and work of Judge Cançado Trindade, the editors of Afronomicslaw, Opinio Juris and Agenda Estado de Derecho had the opportunity to interview the recently appointed and also Latin American Judge Leonardo Nemer Caldeira Brant in December 2022. The conversation focuses on the impact of Cançado Trindade's scholarship, case law, individual opinions, and his...

On December 7th, then-President of Peru, Pedro Castillo, announced the start of a “government of exception”, the “dissolution of Congress” and the drafting of a new constitution. Less than two hours later, Congress declared the Presidency vacant, the Attorney General’s Office indicted Castillo for violating the Constitution and Castillo was detained by his own personal guard. In Peru, most sources...

[Santiago Vargas Niño, LL.M. is an independent legal consultant and lecturer in international protection of human rights at Los Andes University in Bogotá D.C., Colombia. He previously worked as a legal officer of the Special Jurisdiction for Peace. He also served as an intern, legal assistant, assistant legal officer, and legal consultant of the Office of the Prosecutor of the...

Researching legal history can frequently lead to the reframing of old debates, the discovery of new ways of reading a past text, and even the foregrounding of erased or invisibilised histories. It is a very rewarding kind of research. Other times, however, it simply leads to curious stories. These stories are probably not well-suited for a journal article, but –...

This past Wednesday 6th, America Televisión – one of the most important and most watched TV networks in Peru – interrupted its signal to broadcast breaking news: two of its journalists, investigating corruption allegations in the rural province of Chota, in the Peruvian Andes, were being held against their will in the indigenous community of La Palma and forced to...