Some reservations concerning the judicialization of peace

Abstract

In their recent article, The Judicialization of Peace, Courtney Hillebrecht and Alexandra Huneeus, with the collaboration of Sandra Borda, made an impressive contribution to the discussion of the role of international courts in domestic politics. This Comment engages in this conversation about the role of international tribunals in Colombia’s peace process, challenging some of the views presented by the authors, and suggesting some alternatives to the authors’ approach. In particular, the Comment objects to the way in which they understand the working of international tribunals, with the help of a theory of democracy that significantly differs from the one the authors seem to be assuming in their article.