Diferencias entre la regla de exclusión probatoria nacional y la regla de exclusión del Derecho Internacional Penal: análisis de tres casos de injerencias en comunicaciones privadas.

Abstract

Taking into account three cases in the context of armed conflict where the Colombian criminal jurisdiction considers the admission or exclusion of evidence produced from interference of communications, we see that it does not always apply the rule of exclusion when do not have a prior judicial order. Faced with this problem, we look for how it has been solved, taking as reference the International Humanitarian Law, and International Human Rights Law. The foregoing gives us basis for understanding the exclusion rule that has been developed within the International Criminal Law. While these rules serve us to solve these three cases, they end up being contradictory to what has been developed by the Constitutional Court. In this way, although this Court found that the rule of Rome Statute goes in line with our national exclusion rule, such an assertion is wrong.