International law and human rights in the Americas: the perspective of lawyer Viviana Krsticevic, who will receive the ‘Prominent Woman in International Law’ award from the American Society of International Law on April 18.
The “Prominent Woman in International Law” is a prestigious award conferred in the field of international law and human rights by the American Society of International Law. Established in 1993, over the years it has given visibility to professionals who often were working in delicate contexts. In 2022, for example, it was granted to Fatou Bensouda, former Prosecutor of the International Criminal Court, and in 2021 to Gabrielle Kirk McDonald, judge at the courts for the former Yugoslavia. The award ceremony this year will take place on Friday, April 18, with lawyer Viviana Krsticevic, executive director of the Center for Justice and International Law (CEJIL) as the protagonist.
What does it mean to you to receive this award?
It is an honor and a joy, because it is a recognition not only of my professional career, but also of the work we have carried out together with many people to ensure that international human rights law is a more generous and effective space for protection.
What cases have had a profound impact on your perspective on human rights in the Americas?
The cases that influenced me the most were those I began my career with, linked to crimes against humanity and forced disappearances. Amnesty cases in Peru, for instance, have served as a real lesson in understanding the transformative and driving power of international law in the pursuit of truth and justice in the face of serious human rights violations. The impact of these cases — along with others intertwined with social movements in Argentina, Bolivia, Guatemala, Colombia, Chile, Brazil, and many other countries — has made it possible for the search for truth by the families of victims of forced disappearances to become a legitimate right. From those cases, I learned the love, perseverance and dignity that push families to move forward, even when everything seems useless.
How do you assess the current human rights situation in the Americas?
We are going through a critical phase. I am concerned about the persistent physical, legal and online violence against activists, and the growing trend in several countries to close spaces for civic participation and restrict freedom of association. Women and young people have been at the forefront of many of the demands and, in response, have suffered specific forms of repression. Some examples are my colleagues Berta Caceres and Digna Ochoa killed for their work, the threats directed at people such as journalist Jineth Bedoya, the child Francisco Vera, activist Vilma Nuñez and CENIDH.
What do you think are the main challenges?
Democracy is under siege in our continent, with significant setbacks that have led to authoritarianism or persistent authoritarian practices in several countries. However, there is a commitment from many social, business and institutional sectors for the Americas to remain a bastion of democracy. The climate emergency is also undermining the individual and collective rights of millions of people on the continent, and is a fundamental issue.
This is an award that encourages and recognizes women’s participation in international law. What has been the evolution?
There has been significant progress, with women taking on more visible leadership roles in decision-making bodies and advancing an important rights agenda. Historically, women have also been present in many areas of international law, particularly within the inter-American system. They have played key roles as advocates, promoters of conventions, and drivers of legal and institutional developments, while also serving as victims, lawyers, and legal directors.
What are the obstacles to women’s participation in international spaces?
Structural barriers persist both concerning the full enjoyment of rights and access to representation. With the Gqual campaign we have promoted very concrete measures to guarantee it inclusively and fairly, to improve the systems of selection, voting, and the conditions for the exercise of mandates. Overall, substantial progress has been made over the past decade; we hope that a next significant step will be a woman Secretary-General at the United Nations.
International law is a constantly evolving field. Have there been any recent changes in international jurisprudence that you find relevant?
Perhaps one of the most notable advances related to women and decision-making spaces is the adoption of General Recommendation 40 (GR40) by the Committee on the Elimination of Discrimination against Women (CEDAW). This document marks a paradigm shift, establishing 50:50 gender equality as a measure of equality in collective spaces applicable to all levels of decision-making, including international spaces. Its consequences are profound and significant. To my view, one of the most compelling challenges is the evolving relationship between human rights, international law, and climate change. The legal implications and potential responses to the climate emergency call for a comprehensive review of various aspects, including the scope of international responsibility and the rules governing the attribution of liability. This is a deeply creative process that requires an interdisciplinary approach, encompassing both local and global perspectives.
We are therefore at a particular moment for human rights.
Today, the scale of the challenges we face calls for the creation of networks and alliances that go beyond specific sectors. We need a perspective that goes deep in understanding the challenges ahead and their far-reaching impact. The fight for equality, for a peaceful, just and sustainable world is ultimately a fight for the kind of world we want to live in.
Novella Benedetti
