The Inter-American Court in Times of Crisis

Abstract

This article aims to investigate the solutions adopted by the Inter-American Court of Human Rights (IACtHR) to address global crises brought before it—disputes that transcend the dimensions of a bilateral controversy, ranging from grave atrocities to issues concerning amnesty laws, the right to truth, and environmental protection. In this context, the Court employs a series of judicial strategies to address the general interests of the international community as a whole, or of the region over which it exercises jurisdiction. Balancing rights does not resolve every issue before the Court; rather, the Court appears to be assuming a more prominent role in responding to the continent's challenges, thereby necessitating the development of new techniques. Specifically, this article identifies four strategies developed by the Inter-American Court: (i) the issuance of advisory opinions; (ii) the recognition of new economic, social, and cultural rights; (iii) the recognition of peremptory norms of general international law; and (iv) collective guarantee. The development of these techniques speaks volumes about the role the Inter-American Court itself acknowledges within the continent and, conversely, about the reaction of certain States against the expansion of the Court's jurisdiction.