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1
artículo
Publicado 2019
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July 17 is the world day of international criminal justice, marks the 21st anniversary of the adoption of the Rome Statute, the constituent instrument of the International Criminal Court (ICC), adopted at the "Diplomatic Conference of Plenipotentiaries of the United Nations on the establishment of an International Criminal Court".In this context, this article aims to reflect, from a legal-political perspective, on the importance of the ICC and the main challenges facing the Court, the international community and our country, in particular, in the fight against impunity.
2
artículo
Publicado 2019
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July 17 is the world day of international criminal justice, marks the 21st anniversary of the adoption of the Rome Statute, the constituent instrument of the International Criminal Court (ICC), adopted at the "Diplomatic Conference of Plenipotentiaries of the United Nations on the establishment of an International Criminal Court".In this context, this article aims to reflect, from a legal-political perspective, on the importance of the ICC and the main challenges facing the Court, the international community and our country, in particular, in the fight against impunity.
3
artículo
Publicado 2023
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The notoriety that criminal proceedings against Latin-American political figures have acquired led some to argue that such proceedings constitute a perverse attack against popular leaders who oppose the neoliberal agendas of the global north. Before this issue, in this article I intend to systematically reconstruct the specialized literature on the concept of lawfare. Then I will outline both mythical and fallacious nature of many of the explanations and implications for so-called lawfare. Since those criticisms, I will highlight two relevant topics: (i) the necessary respect for the basic procedural guarantees for any person who is accused of serious crimes against public administration, and (ii) the inevitable political dimension of legal interpretation.
4
artículo
Publicado 2023
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The notoriety that criminal proceedings against Latin-American political figures have acquired led some to argue that such proceedings constitute a perverse attack against popular leaders who oppose the neoliberal agendas of the global north. Before this issue, in this article I intend to systematically reconstruct the specialized literature on the concept of lawfare. Then I will outline both mythical and fallacious nature of many of the explanations and implications for so-called lawfare. Since those criticisms, I will highlight two relevant topics: (i) the necessary respect for the basic procedural guarantees for any person who is accused of serious crimes against public administration, and (ii) the inevitable political dimension of legal interpretation.
5
artículo
Publicado 2024
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While actions leading to environmental degradation already have global consequences threatening the very existence of humanity, the war in Ukraine has once again proved the effectiveness of existing international environmental protection mechanisms. The purpose of this study is to analyze existing international environmental protection mechanisms from the perspective of the possibility of criminalizing the crime of ecocide. Based on the analysis of the domestic law of countries that have incorporated ecocide as a crime, it follows that national approaches to addressing this issue depend on historical conditions and have significant differences. These differences hinder the prosecution of ecocide in the absence of appropriate international legal mechanisms, while the consequences of ecocide cause global damage. An analysis of the state of international regulations has shown that despite t...
6
tesis doctoral
Publicado 2025
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La presente investigación se titula “Factores que determinan una política criminal de discriminación contra la mujer” el cual tuvo como problema general, el cual tuvo como objetivo general, el identificar los factores que determinan la aplicación de una Política criminal de discriminación contra la Mujer, en el ordenamiento jurídico peruano, 2023 En el marco teórico se desarrolló la política criminal de discriminación contra la mujer, las medidas de protección en procesos de violencia contra la mujer y discriminación.En el marco metodológico, se destaca que es una investigación de enfoque cualitativo, de tipo aplicada, de nivel explicativo, habiéndose llevado a cabo la entrevista y análisis documental como técnicas de investigación.Se llegó a la conclusión que factores Culturales, económicos y humanos determinan la aplicación de una Política criminal de discri...
7
artículo
Publicado 2021
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Latin America has not been unaffected by situations of armed conflict or other situations of violence. These situations require analysis from both theoretical and practical approaches. A key component of these analysis has been - and continues to be - the need to guarantee the compatibility of national legal systems with International Criminal Law, with the aim of fighting against impunity and to prevent the commission of international crimes. This translates into the need to carry out a comprehensive implementation of obligations arising from relevant treaties in this area ratified by States. This factor could guarantee that countries in the region have adequate legal tools to make a correct legal assessment of armed conflicts or situations of violence which may amount to international crimes and crimes related to the use of force by State agents; in order to apply the relevant legal fr...
8
artículo
Publicado 2021
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Latin America has not been unaffected by situations of armed conflict or other situations of violence. These situations require analysis from both theoretical and practical approaches. A key component of these analysis has been - and continues to be - the need to guarantee the compatibility of national legal systems with International Criminal Law, with the aim of fighting against impunity and to prevent the commission of international crimes. This translates into the need to carry out a comprehensive implementation of obligations arising from relevant treaties in this area ratified by States. This factor could guarantee that countries in the region have adequate legal tools to make a correct legal assessment of armed conflicts or situations of violence which may amount to international crimes and crimes related to the use of force by State agents; in order to apply the relevant legal fr...
9
tesis de grado
Publicado 2020
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Since the terrorist attack on the twin towers, in 2001 in New York, the idea of "Crime Control" has been introduced into the legal-technocratic language (criminal policy), that is, what matters most now is order, therefore, before the manifestations of traditional and conventional crime, the "zero tolerance" rule is applied, which means a maximum of intervention in the sphere of citizen freedom and a gradual and intense relativity of the fundamental guarantees. According to the line noted, the blind flight to criminal law, in turn, affects the staging of the so-called «criminal populism», that is, the political use of criminal law, in terms of obtaining political-sectoral objectives, which they are over exalted in situations of particular public commotion. Peruvian sociologist Lucia Dammert, in an interview in the newspaper La República, before the question What are the simple solutio...
10
artículo
The lasting impact of the Rome Statute and the International Criminal Court (ICC), a crucial institution dedicated to combating impunity globally, is worth remembering. By exploring the evolution of individual criminal responsibility in international law, with special attention to the renowned Nuremberg and Tokyo Trials after World War II, it highlights the current urgency of a permanent international criminal tribunal, embodied by the Rome Statute of 1998 and the establishment of the ICC in 2002. Therefore, the article focuses on the Court’s jurisdiction over individuals and key principles, such as the responsibility of states to prosecute or extradite, providing an understandable perspective on the Court’s authority in international justice.
11
artículo
Publicado 2017
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Around the world, the armed conflicts of recent years have been characterized by including the participation of child soldiers. Children, due to the vulnerability of their short age, suffer in a special manner of the war effects, and often their human rights are violated irreversibly. International Law has a duty to provide effective answers to tackle this situation, ensuring that children can be protected against those risks and that their rights can be guaranteed.
12
artículo
Publicado 2017
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Around the world, the armed conflicts of recent years have been characterized by including the participation of child soldiers. Children, due to the vulnerability of their short age, suffer in a special manner of the war effects, and often their human rights are violated irreversibly. International Law has a duty to provide effective answers to tackle this situation, ensuring that children can be protected against those risks and that their rights can be guaranteed.
13
artículo
Publicado 2020
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The fight against impunity for serious human rights violations and the establishment of a permanent international criminal court have been a constant since the Second World War. At the end of the 20th century and the beginning of the 21st century, new international criminal jurisdictions were established in addition to a permanent international criminal court, the Special Tribunals to avoid leaving unpunished serious human rights violations of international law, that occurred during the cold war and the Residual Mechanisms as a part of strategy to end all temporary international criminal jurisdiction activity established post Cold War. Both urisdictions, although temporary, recognize the importance of national justice and aim to strengthen the international criminal justice system.
14
tesis de grado
Publicado 2025
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Título: Identificación relacional entre la disminución de la edad por imputabilidad criminal frente al incremento de la tranquilidad pública (Barranca, 2023), en donde se ha considerado como Problema General: ¿Qué relación existe entre la disminución de la edad para la imputabilidad de conductas criminales frente al incremento positivo de la percepción social sobre tranquilidad pública (Barranca, 2023)?, como Hipótesis General, que: Entre la disminución de la edad para la imputabilidad de conductas criminales y el incremento positivo de la percepción social sobre tranquilidad pública existe una relación directa significativa (Barranca, 2023), como Objetivo General tenemos: Identificación relacional existente entre la disminución de la edad para la imputabilidad de conductas criminales frente al incremento positivo de la percepción social sobre tranquilidad pública (Bar...
15
artículo
Publicado 2020
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The fight against impunity for serious human rights violations and the establishment of a permanent international criminal court have been a constant since the Second World War. At the end of the 20th century and the beginning of the 21st century, new international criminal jurisdictions were established in addition to a permanent international criminal court, the Special Tribunals to avoid leaving unpunished serious human rights violations of international law, that occurred during the cold war and the Residual Mechanisms as a part of strategy to end all temporary international criminal jurisdiction activity established post Cold War. Both urisdictions, although temporary, recognize the importance of national justice and aim to strengthen the international criminal justice system.
16
artículo
While actions leading to environmental degradation already have global consequences threatening the very existence of humanity, the war in Ukraine has once again proved the effectiveness of existing international environmental protection mechanisms. The purpose of this study is to analyze existing international environmental protection mechanisms from the perspective of the possibility of criminalizing the crime of ecocide. Based on the analysis of the domestic law of countries that have incorporated ecocide as a crime, it follows that national approaches to addressing this issue depend on historical conditions and have significant differences. These differences hinder the prosecution of ecocide in the absence of appropriate international legal mechanisms, while the consequences of ecocide cause global damage. An analysis of the state of international regulations has shown that despite t...
17
artículo
While actions leading to environmental degradation already have global consequences threatening the very existence of humanity, the war in Ukraine has once again proved the effectiveness of existing international environmental protection mechanisms. The purpose of this study is to analyze existing international environmental protection mechanisms from the perspective of the possibility of criminalizing the crime of ecocide. Based on the analysis of the domestic law of countries that have incorporated ecocide as a crime, it follows that national approaches to addressing this issue depend on historical conditions and have significant differences. These differences hinder the prosecution of ecocide in the absence of appropriate international legal mechanisms, while the consequences of ecocide cause global damage. An analysis of the state of international regulations has shown that despite t...
18
artículo
This article studies sexual violence as a weapon of war perpetrated in contexts of armed conflicts and analyzes, based on the Peruvian case, the applicable legal framework to prosecute and punish such acts during the non international armed conflict between 1980-2000 under the light of national and international criminal law and international human rights law. According to the Final Report of the Truth and Reconciliation Comission, in certain areas, this violence qualified as crimes against humanity and war crimes. Judging these only under the criminal statute applicable at the time of the events is insufficient for the State’s international obligations to prosecute and punish this phenomenon. Thus, it is suggested, the use of international standards that gives content to the national statute, as well as an alternative interpretation of the principle of legality that allows appreh...
19
artículo
This article studies sexual violence as a weapon of war perpetrated in contexts of armed conflicts and analyzes, based on the Peruvian case, the applicable legal framework to prosecute and punish such acts during the non international armed conflict between 1980-2000 under the light of national and international criminal law and international human rights law. According to the Final Report of the Truth and Reconciliation Comission, in certain areas, this violence qualified as crimes against humanity and war crimes. Judging these only under the criminal statute applicable at the time of the events is insufficient for the State’s international obligations to prosecute and punish this phenomenon. Thus, it is suggested, the use of international standards that gives content to the national statute, as well as an alternative interpretation of the principle of legality that allows appreh...
20
artículo
Publicado 2021
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Responding to the needs of professional and human improvement by attending to diversity is one of the demands of educational systems. International studies carried out by several authors have shown concerns about the attention to minors in conflict with the law. The objective of this work refers to a review study by different professionals of the world, about the attention received by minors in conflict with the criminal law, as well as the causes that originate it, lines of work and strategies to be developed for their prevention and attention at all levels from the intersectoriality.
