La implementación de un Tribunal penal internacional Ad-Hoc e híbrido en Colombia para juzgar los delitos cometidos en el marco del conflicto armado interno

Abstract

International Criminal Justice in the last decade of the twentieth century and in the early years of the twenty-first century, has reached a broad and significant development, of which Colombia has not been alien, has brought new challenges, paradigms and approaches that impact the world of law, which must move forward and adjust to these new challenges; Given this scenario, the problem related to Transitional Justice in Colombia arises, which has gone in search of the negotiated solution to the Colombian internal armed conflict. Making a historical account, the negotiations for peace in Colombia began in 1984 with the government of then President Belisario Betancur, truces and obligations towards peace were agreed with the FARC, the EPL and the M19, but the great politicians and economies resisted to apply the agreements and the public force did not protect the ceasefire, so that it returns to rivalries. By 1989 when issuing a peace policy, the government of Virgilio Barco agreed to peace with the M19, with proposals for transformations. In 1991, when the constituent national assembly was installed, the Cesar Gaviria government stipulated peace with the EPL and with the PRT and indigenous MAQL peasant armies. The democracy achieved by a new Constitution caused a minority part of the ELN, the CRS, to agree on peace in 1994. For the first decade of the 21st century, it should be remembered that the continuous political negotiation with the government of then President Álvaro Uribe Vélez, leading I have just demobilized an estimated 32,000 combatants of the United Self-Defense Forces of Colombia, the above materialized through Law 975 of 2005, known as the "Justice and Peace Law". To this day, governments in our country have created laws to achieve peace, and the last governments have applied JT in their laws.For example, according to reports from the Ministry of Justice and Law: “Colombia has almost ten years of experience in the formulation and implementation of JT mechanisms. From 2005 to the present, laws have been issued formulating public policies and implemented JT mechanisms of both Criminal Justice and accountability of ex-combatants, as well as clarification of the truth and reparation to the victims. ”One of The most controversial legislation has been that of the “Final Agreement for the Termination of Conflict and the Construction of a Stable and Lasting Peace”, a document signed in 2016 between delegates and delegates of the National government, chaired by the then President Juan Manuel Santos Calderón and delegates and delegates of the FARC-EP specifically with the creation of the Special Jurisdiction for Peace. This Final Agreement of Havana has generated criticism from different national and international analysts, one of which is the case of the Prosecutor of the International Criminal Court, Fatou Bensouda, who stated in a letter sent to the Constitutional Court in 2017, that “The JEP could generate impunity, basically for violating the responsibility of the command and amnesties or pardons, since according to article 23 of Law 1820 of 2016 may not be granted to individuals who have committed crimes against humanity, genocide, crimes of war, or other violent behaviors. ”That is why this investigation is focused on the recognition of rights and guarantees for the parties to the conflict, from the perspective of International Criminal Law.