Responsabilização por violações de direitos humanos e humanitário: análise dos painéis especiais para o Timor-Leste

Abstract

In recent years, justice and responsibility in situations of violation of human rights and humanitarian law have provided important discussions, especially the various conflicts currently triggered. The concern is about the way not only to punish those responsible, but above all, to establish mechanisms to ensure the international jurisdictionalization. In this sense, it is proposed to study the process of building this jurisdictionalization in Timor-Leste. Therefore, it is necessary to point out the historical background of the conflict, the characteristics and composition of the Court, to demonstrate that human and humanitarian rights are now considered fundamental for the consolidation of any legal system, as well as an International criminal law. The importance of special panels lies precisely in the fact that a mechanism able to promote greater chance of responsibility, even protecting the rights in such jurisdiction. In addition, these panels are a way to resolve conflicts arising from the violations, and preserves the will and the reserved domain of States.