A proper opinion supported by technical knowledge is always appreciated. Especially when it comes to assessing all aspects of a legal case. The legal figure of amicus curiae fulfills this important function.
The Latin term means "friends of the court". and refers to a technical opinion, written and specialized in the area of the subject matter in dispute, which provides legally transcendental elements for the resolution of the case. The drafters of the text have no interest in the litigation and their participation is usually requested by the judge or by both parties to the case, in consensus.
Its antecedents date back to Roman law. and has begun to gain momentum in the field of international justice, especially when it comes to dealing with situations where human rights are violated.
Its usefulness in this area has become evidentIn general, crimes against humanity are multifaceted and require broader and deeper information to be fully understood. Sometimes the opinion of the "friends of the court" is even based on the experience of other similar cases, in order to evaluate the possible consequences not contemplated by the court's decision.
Amicus curiae offers light in the darkness when the case presents multiple possibilities. However, it does not have the power to render a verdict or influence decision makers. Its service is simply limited to providing truthful information based on technical evidence.
The tool was recently employed at the public hearing on the Advisory Opinion of the State of Ecuador on Diplomatic and Territorial Asylum Issues. In this case, the "amicus curiae" was presented by attorney Alan Aldana, president of the Aldana Foundation and director of the law firm Alan Aldana & Associates, to show the institution of asylum in its various forms and the legality of its recognition as a human right.
Amicus curiae: Friend in international justice
International justice en "a legal principle that permits or requires a State to criminally prosecute certain crimes, regardless of the place where they were committed and regardless of the nationality of the perpetrator or victim".
The particularity of international justice is that it is confronted with cases of crimes against humanity.whose litigation dynamics are different. In these cases, there are different parties involved, multiple parties affected and political and economic interests that are trying to protect themselves. Because of these characteristics, those who are in charge of doing justice in these cases must be fully and perfectly acquainted with a wide range of issues, including, of course, everything related to human rights.
"Friends of the courtThe "international justice litigation" found a renaissance in international justice litigation. Since its creation in Roman law, the figure had only been introduced in English judicial practice to contribute to the resolution of controversial cases involving issues of public interest. Subsequently, due to its usefulness, it was incorporated into international bodies for the protection of human rights and then entered international law practices.
The expert voice of the amicus curiae becomes necessary when the judge does not have the elements of property to understand the case.The company's activities, its variants, consequences and scope in the short and long term.
Your participation becomes more interesting when you present the facts in a different way. The court may also be able to assess how the parties involved do so, as it broadens the picture to be evaluated. Also, in international justice cases, it can inform the court of the influence that the decision could have on the resolution of other similar cases.
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