The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court: An Inductive, Situation-based Approach

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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?

Author(s): Kai Ambos (auth.)
Edition: 1
Publisher: Springer-Verlag Berlin Heidelberg
Year: 2010

Language: English
Pages: 130
Tags: International Criminal Law; Fundamentals of Law; Private International Law, International & Foreign Law, Comparative Law; Criminology & Criminal Justice

Front Matter....Pages i-xiii
Front Matter....Pages 1-1
Preliminary Remarks....Pages 3-10
The Process Under Law 975....Pages 11-24
Intermediate Conclusions....Pages 25-33
Front Matter....Pages 35-35
Preliminary Considerations: The Object of Reference of the Complementarity Test (Situation–Case–Conduct)....Pages 37-41
Gravity and Complementarity Stricto Sensu ....Pages 43-87
Conclusion: Classifying the Colombian Case with a View to Different Transitional Justice Scenarios....Pages 89-90
Some Recommendations for the Further Application of Law 975....Pages 91-95
Back Matter....Pages 97-161