Memorial "I edición del concurso DIP-JT sobre Derecho internacional penal y justicia transicional", Memorial "VII Edición del concurso CPI simulación judicial ante la Corte Penal Internacional"

Abstract

These memorials correspond to the development of various investigations by the student members of the research hotbed “Jurisprudence of the International Criminal Court” of the Law School of the Santo Tomás University, in order to provide solutions to the hypothetical cases raised by the Iberoamerican Institute of The Hague in the various modalities of national and international competitions. The memorials provide solutions to the main legal problems in the field of International Criminal Law, Human Rights, Transitional Justice, among other issues of academic and legal relevance. The main legal issues that were demonstrated through the roles of Victim Representatives and the Prosecutor's Office regarding the cases were: The responsibility of the military superior as established in Article 28 A of the Rome Statute and his link between the commission of the crimes and the lack of adequate control by the superior; This represents the non-inclusion of the elements of systematicity and generality in Special Penal Systems for International Crimes with respect to war crimes, which constitutes the extension of the ICC's material competence; Likewise, if there is competence of the ICC against crimes committed in territories that have not been recognized as subjects of international criminal law (States); among other problems.