This article compares the regulation of Superior Responsibility in International Law and its treatment under Colombian Law, with particular attention to the Peace Agreement between the Colombian Government and the FARC, and Legislative Act 01/2017, which implements the Peace Agreement. This comparison shows a whole series of differences, which are especially significant for the application of Superior Responsibility to State agents. They are likely to generate significant impunity gaps for military and civilian superiors, who failed to comply with their obligations to prevent, suppress or submit to the competent authority the international crimes for which their subordinates are responsible. In light of this situation, a set of proposals regarding the normative sources, the scope of application and the elements of Superior Responsibility are put forward. They aim at reducing the impunity gaps, in the understanding that, if the problems identified are not properly addressed, the Prosecutor of the International Criminal Court will have to decide whether to open an investigation into the situation in Colombia to investigate and prosecute the most responsible State agents for ICC crimes (in particular, for those extrajudicial killings referred to as "false positives").
|Translated title of the contribution
|Superior Responsibility in the Colombian Peace Agreement in light of International Law
|Number of pages
|Published - Jul 1 2018
All Science Journal Classification (ASJC) codes
- Sociology and Political Science