Test de sistematicidad en violaciones a los derechos humanos. Un criterio de razonabilidad desde los principios del derecho internacional

Abstract

In the face of the important need to establish objective criteria for determining each of the characteristic elements of the massive human rights violations, in order to determine at what moment the violations to them, both nationally and internationally constitute a systematic attack against the norms of the International Law of Human Rights and International Criminal Law, and with teleology to create heuristic tools that serve the legal operators of both branches of International Law, attending to the needs and purposes of each system, together with the pretension of dogmatic correction of what has been done so far in the matter, it is necessary for the purposes of establishing when systematic human rights violations have been committed, to institute a test of systematicity based on dogmatic elements of International Criminal Law, that allows the legal operators define the nature of such attacks. With the purpose of making an objective and rational proposal that takes into account the joint needs of both systems, a systematic test has been prepared taking into account dogmatic elements of International Criminal Law that may be applicable in the framework of the International Law of Human Rights. through the principles of International Law, in what is doctrinally known as the theory of Croos – Fertilization