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The Inter-American Human Rights Court; Some Recent Decisions Affecting the Independence of Partner Nations Military Justice Systems, and Their Impact on the Future of Human Rights.

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Technical Report,01 Aug 2016,23 May 2017

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US Army Command and General Staff College Fort Leavenworth United States

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This paper consists of a brief historical background on Human Rights Law in the Americas, then quickly narrows to regional instruments and specifically the Inter-American System of Human Rights. The Inter-American Court of Human Rights is then focused on, along with the role it has played in regional governance. The decisions of this Court and the impact it has had on some countries are studied, particularly as to the impact that it might have on government institutions and specifically the military. The potential for the Courts continued influence in the region are assessed. Efforts are made to answer the central question What is the true impact that this Courts recent opinions have had on regional governance and specifically on the mostly independent military justice systems It is hoped that this work will raise interest and provide, at a minimum, a starting point of awareness on these types of regional systems. Their worthy goal of defending and protecting the integrity of human beings should be better understood yet, among jurists but particularly military practitioners, the function of the Court and even its mere existence are poorly understood. In order to appreciate the contributions already made and, most important, the potential for future positive influence, this work will attempt to survey not just where we are and where we come from but also surmise to where we are heading.

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  • Sociology and Law

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