La ejecución de las sentencias de la Corte Interamericana de Derechos Humanos

Abstract

A court achieves credibility and prestige thanks to the legal effectiveness of its judgments. In the case of the Inter-American Court of Human Rights, because it is an international tribunal of only one instance, it demands that its jurisprudence be objective and sufficiently clear so that its legal effects are respected by the States Parties to the American Convention on Human Rights and serve as guide and valuable contribution in the interpretive guidelines of that international treaty. Thus, the jurisprudence of the Inter-American Court can have immediate direct effects between the parties in a particular case (res judicata) or it could have repercussions even in a broader sphere and have erga omnes effects (thing interpreted). Although compliance with these rulings involves a well-known discussion about the relationship between International Law and Internal Law, in this case, it will be a matter of not entering into said dispute. What should be emphasized is that, thanks to the visionary attitude of the drafters of the American Convention, a pragmatic sense was given to the fulfillment of the Court's rulings when including a norm with the content of Article 68.2 of the Convention and that will be part of the Convention. fundamental of the present work. The purpose of this paper is to briefly analyze the effects and execution of the contentious and advisory judgments issued by the Inter-American Court of Human Rights, briefly describing the legal mechanisms existing in the inter-American system for the protection of human rights to execute or enforce those rights. resolutions beyond the compliance mechanisms granted to the Court by the American Convention; specifically to the execution of the resolutions of the Inter-American Court within Colombian domestic legislation and the reception or observance of the legal principles embodied in the advisory opinions.