The impact of the jurisprudence of the Inter-American Court of Human Rights on transitional justice. From conventionality control to national margin of appreciation?

The essay explains the impact of the jurisprudence of the IACHR in the field of transitional justice for the construction of an ius commune committed to the fight against impunity. The essay argues that the legitimacy of the IACHR was greater when it faced cases related to the dictatorships of the Southern Cone and declared void self-amnesties laws, recognizing an obligation of guaranteeing truth, justice and reparation. On the other hand, the essay recognizes that the conflicts of transitional justice that the American continent faces nowadays are different as evidenced, for example, by the case of Colombia. Therefore, a different legal approach is demanded from the IACHR, which leads to questioning the application of the control of conventionality, which treats all States in the same way, and advocates for the implementation of the national margin of appreciation in the development of transitional justice strategies, taking into account the particularities of the specific case.