The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court
An Inductive, Situation-based Approach
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Beschreibung
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?
Practical and conceptual clority on the principle of complementarity Application of the principle of complementarity to a concrete peace process Insight into the Columbian Peace Process Includes supplementary material: sn.pub/extras
Autor*in
Kai Ambos
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(Principle of) complementarity Armed conflict Colombia Conflict International Criminal Court Justice + Peace Peace Peace Process Transitional Justice
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From the reviews:
“This book is based on a Research into the Colombian peace process … with a take on the obligation set forth under the complementary principle of the ICC Statute. … This book could be extremely useful not only for readers who are new to the topic and want to familiarize themselves with its essential facts and basic issues, but also equally useful for those already familiar with the peace process in Colombia and want to remain up to date with its development.” (Yira Segrera, Verfassung und Recht in Übersee, Vol. 45 (3), 2012)()