article
A Restricted Concept of Command Responsibility in Colombia's Transitional Justice: An Opening for International Criminal Court (ICC) Intervention?
Autor
García Atehortúa, Angie Katherine
Institución
Resumen
The signature of the Peace Agreement in Colombia implied the creation of the Integral System of Truth, Justice, Reparation, and Non-Repetition, which includes the Special Jurisdiction for Peace (jep, by its acronym in Spanish). jep rules regarding command responsibility have raised diverse debates about their consistency with international standards and the effects of the restricted concept adopted into the transitional legal framework. This essay addresses the analysis of the compatibility of the definition of command responsibility of the 2017 Legislative Act 01 and the Draft Law for the Administration of Justice in the Special Jurisdiction for Peace with standards of the customary international law and the Rome Statute. Based on this, the article evaluates the possible consequences of applying a restricted criterion of command responsibility in the analysis of cases submitted to the jep and how such could lead to the intervention of the International Criminal Court or the universal jurisdiction.