Derecho penal y la obligación de investigar y sancionar graves violaciones de derechos humanos y el derecho internacional humanitario -especial referencia a la sentencia de la corte constitucional colombiana c-579/13-

Abstract

In the present paper the obligation to investigate serious violations of human rights and international humanitarian is analyzed in light of the decision of the Colombian Constitutional Court regarding the constitutionality of the Legal Framework for Peace. The Constitutional Court made an implied reference to the Inter-American Court of Human Rights on the duty to investigate serious violations of Human Rights and International Humanitarian Law. The Constitutional Court concluded that the major premise proposed is an obligation arising from a broad interpretation of the Inter-American Convention.

Likewise, an improper treatment of amnesties and pardons law is studied, which relates to the need to avoid any kind of impunity.

Finally, an analysis is made of the context in which it intends to implement this obligation in transitional justice. An interpretative model of the justification of punishment in transitional justice context is proposed, and its application through the more lenient penalty. This proposal is tested according to the interpretation of the American Convention of Human Rights.