Abstract

MACANA, Marco Antonio  and  CASTRO ALEGRIA, Luis Antonio. Selection Criteria of International Crimes in Transitional Justice in Relation with the NonInternational Armed Conflict in Colombia. Pap.polit. [online]. 2018, vol.23, n.1, pp.93-129. ISSN 0122-4409.  https://doi.org/10.11144/javeriana.papo23-1.csci.

The prioritization of crimes in the Justice and Peace Act of Colombia has had many issues in relation with the form in which members of criminal groups are selected, for they do not have the status of maximum perpetrators of crimes. However, international experiences have yielded rigor to the topic because they have elaborated the notion of international crimes, because the ICC, considering their limited staff, deals with them with selection criteria and prioritization criteria. Nevertheless, in case of the Transitional Justice that will be applied in Colombia, the International Criminal Court always agrees as long as the principles of necessity and proportionality are obeyed. Therefore, the way to confront massive human rights violations is through constittu- tionalization of victims' rights, which contains the concept of transtitional justice and a holistic strategy that will introduce the challenges derived from the selection and prioritization criteria for crimes committed by the maximum perpetrators. Thus, it is necessary for the Colombian government to learn from the experience of the application of the Justice and Peace Act, so it does not make the same mistakes of the past.

Keywords : transitional justice; legal framework for peace; selection criteria of international crimes; most responsible.

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