El derecho disciplinario como herramienta jurídica para la protección de los derechos humanos y la reparación a las víctimas del conflicto armado en Colombia

Abstract

The insertion of international human rights treaties in Colombia through the constitutionality block has shown not only the responsibility of the States for the breach of their international obligations, but has also recognized the individual as a subject of international law to be investigated, tried and sanctioned for serious violations of Human Rights and violation of DIH, generating that the applicability of the principle of imprescriptibility is confronted, in contrast to the norms of internal law that codify the application of the procedural institute of prescription of disciplinary action.

The content of international treaties is used, carrying out an analysis of the judgments issued by the Inter-American Court of Human Rights and their evolution in the construction of international standards on the complementarity of disciplinary law in cases of serious human rights violations. in order to establish whether the current Disciplinary Codes, by contemplating the phenomenon of prescription, promote impunity and defenselessness of the victims.

In this sense, it is concluded that the Colombian State, in the exercise of ex officio control of conventionality that binds all the powers and organs of the State, and the jus cogens principle, has introduced the necessary modifications in the Ordinary and Military Disciplinary Code, adapting its provisions internal laws in accordance with the international sphere, which incorporates the rights of victims to know the procedural truth in its central position in the normative order, reconciling its scope with the international standards specified by national and international jurisprudence, adapting to the principle contained in article 2 of the American Convention on Human Rights, creating the necessary tools for the victim to have procedural legal capacity.