The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

An Inductive, Situation-based Approach

The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

An Inductive, Situation-based Approach

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in Vorbereitung

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia's decades-long armed conflict. Yet, will this approach suffice with regard to Colombia's obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?


Law 975 and its process
Preliminary Remarks
The Process Under Law 975
Intermediate Conclusions
The complementarity test (Art. 17) and its application to the Colombian situation
Preliminary Considerations: The Object of Reference of the Complementarity Test (Situation-Case-Conduct)
Gravity and Complementarity Stricto Sensu
Conclusion: Classifying the Colombian Case with a View to Different Transitional Justice Scenarios
Some Recommendations for the Further Application of Law 975.
ISBN 978-3-642-11272-0
Artikelnummer 9783642112720
Medientyp Buch
Copyrightjahr 2010
Verlag Springer, Berlin
Umfang XIII, 130 Seiten
Abbildungen XIII, 130 p. 1 illus.
Sprache Englisch