Principle of “minimum intervention”, indigenous jurisdiction and human rights: imprisonment as true ultima ratio

Abstract

The aim of this paper is to provide a detail characterization and comparison of the ways social conflicts are dealt with in the so-called “Western States” —with an especial focus on the punitive sanction— and in indigenous communities —where non-violent measures prevail. We also seek to determine how one of the corner stones of criminal law —the principle of ultima ratio or “minimum intervention”— is put into practice when dealing with conflicts in the aforementioned systems, as well as what its regulatory impact has been within the International Law of Human Rights. Finally, the consequences of this regulatory recognition are set forth.