Abstract

ESTRADA VALENCIA, Fabio. Third Parties and the Guarantee of a Natural Judge in the Special Jurisdiction for Peace: Analysis of Judgment C-674/2017 from a Transitional Perspective. Díkaion [online]. 2022, vol.31, n.2, e3128.  Epub Aug 16, 2022. ISSN 0120-8942.  https://doi.org/10.5294/dika.2022.31.2.8.

The document aims to analyze Judgment C-674/2017, where the Colombian Constitutional Court declared unconstitutional the legislative act that prescribed that third parties who participated in crimes during the armed conflict should be prosecuted by the Special Jurisdiction for Peace, based on the complete replacement of the guarantee of a natural judge. From a transitional perspective, the paper analyses doctrine and case law to conclude that the legislative act passed the constitutional replacement test.

Keywords : Third parties in the armed conflict; transitional justice; constitutional replacement doctrine; constitutional reform; constitutional principles; natural judge; Special Jurisdiction for Peace.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )