El derecho internacional penal y la JEP en el caso de la toma de rehenes

The article explores the interaction between the national and international standards of the International Criminal Court in the implementation of the Special Jurisdiction for Peace, particularly in its determination of facts and conduct. First, some statutory characteristics of the SJP are analyzed. Subsequently, it is analyzed whether its normative framework defies international standards and whether its implementation is the basis for a collision of the ICC with Colombia, despite the closure of the preliminary examination in terms of reparatory sanctions, differential treatment and command responsibility. Finally, it analyzes Auto 019 of 2021 to demonstrate how one of the chambers of the SJP relies on the application of international jurisprudence to attribute criminal responsibility to the top leaders of the FARC-EP for war crimes and crimes against humanity.