Two weeks ago, the International Law Association released its long awaited and very interesting report on use of force. It is a very thorough document that is a must-read for anyone interested in jus ad bellum. Some parts of the report have generated some interesting discussions that I think are worth expanding in a post here. Particularly, the main point of...
[Alonso Gurmendi Dunkelberg is Professor of International Law at Universidad del Pacífico, in Peru.] I want to draw readers’ attention to a recent decision of the Brazilian Tribunal Superior Eleitoral (TSE), Brazil’s top electoral court, regarding the mandatory nature of UN treaty body decisions. The case centers on former President Luis Inazio da Silva’s (better known as “Lula”) disqualification from the...
[Alonso Gurmendi Dunkelberg is Professor of International Law at Universidad del Pacífico, in Peru.] After the social, political, economic, and humanitarian collapse of Venezuela at the hands of Nicolás Maduro’s dictatorial government, Latin America (and South America in particular) is facing an unprecedented migratory crisis it does not seem to be ready for. As of 2017, the International Organization for Migration...
[Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] As seen in Part I, Colombian transitional justice mechanisms have played a key role in the evolution of the Inter-American Court’s jurisprudence on proportionality of punishment. In this second part, I will analyze whether the Court’s Colombian case-law can influence Peru’s discussion regarding a hypothetical humanitarian pardon for...
[Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country positing interesting legal questions. In parallel to Colombia, Peru has been engaged in its own debate over whether international and domestic law...
