Abstract

APONTE-CARDONA, Alejandro. CRIMINAL PROSECUTION OF THE HOMICIDE OF PROTECTED PERSONS IN COLOMBIA: SCOPE AND LIMITS OF CRIMINAL LAW IN TRANSITIONAL JUSTICE CONTEXTS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.13-62. ISSN 1692-8156.

The following article studies the advances and limits of the national prosecution of the homicide of a protected person as an international crime. The analysis is made under the general context of differentiation and coordination among different areas of human rights protection. As a consequence, the criminal justice system would not be congested in a dysfunctional way when, in the name of the transitional justice, it is required to reveal and demonstrate the entire circumstances that surround the massive perpetration of international crimes. On the contrary, from a broad and not only criminal perspective, the article emphasizes in the necessary harmonization of the employment of transitional justice mechanisms and the differentiation of areas of human rights protection, in order to advance in a coherent criminal prosecution of, not only the homicide of protected persons, but also other criminal offenses that constitute international crimes.

Keywords : Criminal prosecution; international crimes; human rights law and criminal law; homicide of a protected person; heinous crimes; false positives or extrajudicial executions; attribution of criminal responsibility; Criminal law; Civil Rights (International Law); International offenses; Trials (Homicide).

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