Παγκοσμιοποίηση της δικαιοσύνης και ανθρώπινα δικαιώματα

Abstract

The arrest of the former Chilean dictator Augusto Pinochet and Nato’s intervention in Kosovo bear witness to the fact that we are entering a new era where the strict adherence to national sovereignty and the immunity from criminal presecution of leaders recede before the need of safeguarding human rights and imposing sanctions to those who violate them. A ‘globalized’ justice, both international as well as national, the latter having global jurisdiction, which monitors obsevance by the states of the universally recognized Human rights and which proceeds to the penal punishment of those responsible for their mass and systematic violations, is being gradually built. On a parallel level, powerful war machines are being mobilized with a view to imposing respect for human rights. This new reality, however, has not yet found its institutional imprint. In the absence of institutional regulations certain practices are developed which involve immense dangers of arbitrariness and which undermine the struggle for human rights. Are we therefore facing a new order of things, where the international community is transformed into a community of law that is structured on the basis of universally recognized values, the respect for which is being supervised by a globalized justice? Or are we entering a state of global lawlessness where self-appointed defenders of international order impose at will, the law of the most powerful?