Justicia Penal Interamericana: el Sinalagma de Convencionalidad en Argentina

Abstract

The Argentine Republic has ratified many international treaties that protect human rights; however, the connection that may exist between some of these treaties has rarely been described. This paper investigates the influence on the domestic order, and the legal consequences, of the relationship between the normative systems of the Rome Statute, creator of the International Criminal Court (ICC), and the American Convention, which regulates the functioning of the Inter-American Court of Human Rights. Assuming that there is a mutual influence, through a qualitative approach, we will try to develop a prospective concept: the Sinalagma of Conventionality. For example, what guarantees will a complaint of a crime under the jurisdiction of the ICC have before the Argentine courts? How would an international cooperation with this court work?

What would happen if we said that, in addition to the provisions of the Country’s Constitution, the complaint is supported by the Conventionality Control that requires that every state action is adjusted to the American Convention on Human Rights. The analysis includes a solution for the criminal system, which must always help to protect human rights by respecting this international body of laws.