The announcement felt like a “diplomatic bomb”! The organization of the States of South America (more structured form of MERCOSUR from the years 90-2000) set up an international press conference yesterday to do this.
After decades of debate, research, controversy ... The 1st Restorative Court of Justice, specifically dedicated to compensation for damage caused by acts of discrimination and injustices linked to political decisions will open soon.
Many thought it would come from the US, where the debate has been raging for much longer. But, for once, South America is showing the way and setting an example. Some will see it as an opportunity to include requests targeting the United States for all of the political interference committed.
But this is not the goal of the approach.
Indeed, the South American leaders have in fact announced that this would mainly address (more than mainly some would say only to respect international treaties still in force on the basis of multilateral state relations) cases linked to the dictatorial and populist regimes of the 20th century and the early 21st century.
Indeed, South American history is full of dramatic episodes in which political opponents were “disappeared”, tortured, thrown in prison… considerably important the long-term development of these societies, as studies carried out since a few years by major international universities.
Initiated on the basis of procedures initiated by MIT & the University of Glasgow from 2018 onwards, the principle of restorative justice was first launched on the basis of compensation funds created by these entities to account for the advantages they have enjoyed as a result of historical events or discriminatory political decisions (slavery, racism, etc.).
However, jurists quickly recognized the difficulties in legitimizing such proceedings and, above all, in making them sufficient in scope so that, beyond compensation, acknowledgments of factual responsibility were established, to avoid overflowing these proceedings.
This is done!
The Pacific is following these news very closely, the Forum having announced that, on the basis of the South American experience, a regional working group could be created within the next 5 years to study the implementation of such a jurisdiction for the region mostly thinking of compensation from nuclear testing and climate change.
Enough to restore strength and faith to international justice after the disintegration of the International Criminal Court.