By Kai Ambos
Striking a stability among peace and justice has lengthy been debated through students and practitioners. there was sure development in an international during which blanket amnesties have been from time to time granted with little hesitation. there's a transforming into realizing that responsibility has either pragmatic and principled arguments in its want. functional arguments up to shifts in norms have created a state of affairs within which the alternative is more and more obvious as "which different types of responsibility" instead of a stark one among peace and justice. The Colombian Justice and Peace legislation 975 and its implementation provide an attractive and new angle to facing the foreign crimes devoted in Colombia’s decades-long armed clash. but, will this procedure suffice with reference to Colombia’s duties less than foreign legislations to enquire and prosecute foreign crimes? Does it meet the criteria of the ICC, which has been tracking the Colombian scenario for a while now? particularly, does it move the complementarity try specified by the ICC statute or will the ICC need to intrude in Colombia to implement foreign felony law?
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Extra resources for The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court: An Inductive, Situation-based Approach
While it is difficult to reconcile these apparently contradictory demands – in fact the Prosecutor’s practice of successive imputations28 has stirred considerable controversy –, it is not impossible. With regard to the in principle useful technique of successive imputations it is necessary to assess this practice in light of a comprehensive investigative strategy. If such a strategy exists successive imputations can be used as an important instrument to advance the proceedings without compromising the truth.
El funcionario judicial debe no solo analizar el caso concreto sino contextualizarlo dentro del conflicto, identificando los patrones de violencia y los dema´s actores seguramente de rango superior que tambie´n son responsables . . ”. : “. . las actuaciones (. . ) debera´n unirse antes de proferirse fallo de primera instancia y, especı´ficamente en el momento de la formulacio´n de cargos, para que este acto se realice como una unidad . . ”). : “. . ” 50a See Supreme Court [14 December 2009] Rad.
On the use of these informations with regard to investigations of third parties see infra n 252 in Chap. 5 with main text. 18 See on joinder and accumulation already supra n 28–29 in Chap. 1 with main text. 19 See on Art. 10 no. 5 and Art. 11 no. 6 Law 975 already supra n 10 in Chap. 1. 20 The so called “United Self-Defence Forces of Colombia” (Autodefensas Unidad de Colombia, AUC) was the umbrella organization of 34 paramilitary groups called “blocks” (bloques); every block consists of several “fronts” (frentes).