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International Law
versão impressa ISSN 1692-8156
Resumo
LOPEZ-MEDINA, Diego. RECOMENDATIONS FOR BUILDING A STRATEGY FOR PRIORITIZATION OF SPECIFIC CASES WITHIN THE CONTEXT OF THE "JUSTICE AND PEACE ACT". Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.63-86. ISSN 1692-8156.
This article shows the prioritization strategies used in the international community in cases of transitional justice similar in nature to those advanced in Colombia through the "Justice and Peace Act" or Act 975 of 2005. The aim of this paper is to make several recommendations for building a strategy for prioritization of specific cases in the Colombian context. The article concludes that the criminal investigations should focus on individual cases that reveal the typical structure, chain of command, and modus operandi of crimes committed by the Colombian paramilitary forces. The article shows that it is necessary to incorporate criteria for prioritizing cases that emphasize the identification of those individuals bearing the "highest responsibility" for the crimes committed; the investigations should target those cases that involved the most serious attacks against the human rights of victims. Finally, in descending order, the investigative strategy of prioritization should prefer those cases that would lead to efficient and exemplary results in light of the very resources that the Attorney General's Office has at hand.
Palavras-chave : Transitional Justice; Justice and Peace Act of 2005; Prioritization criteria; Attorney General's Office; Criminal Investigation; Transitional justice; Case studies; Victims of Crimes Surveys; Colombia; Law 975 of 2005 (July 25); Commentaries.