The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

An Inductive, Situation-based Approach

  • Kai Ambos

Table of contents

  1. Front Matter
    Pages i-xiii
  2. Law 975 and its process

    1. Front Matter
      Pages 1-1
    2. Kai Ambos
      Pages 3-10
    3. Kai Ambos
      Pages 11-24
    4. Kai Ambos
      Pages 25-33
  3. The complementarity test (Art. 17) and its application to the Colombian situation

  4. Back Matter
    Pages 97-161

About this book

Introduction

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

Keywords

(Principle of) complementarity Armed conflict Colombia Conflict International Criminal Court Justice + Peace Peace Peace Process Transitional Justice

Authors and affiliations

  • Kai Ambos
    • 1
  1. 1.LS Strafrecht, Strafprozessrecht,, Rechtsvergleichung u. Int. StrafrechtUniversität GöttingenGöttingenGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-642-11273-7
  • Copyright Information Springer-Verlag Berlin Heidelberg 2010
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-642-11272-0
  • Online ISBN 978-3-642-11273-7