The Colombian Peace Process (Law 975 of 2005) and the ICC’s Principle of Complementarity
THE COLOMBIAN PEACE PROCESS AND THE PRINCIPLE OF COMPLEMENTARITY OF INTERNATIONAL CRIMINAL COURT, p. 161, Berlin et al., Springer, 2010
18 Pages Posted: 15 Dec 2011
Date Written: 2010
The chapter assesses the Colombian peace process, as regulated by Law 975 of 2005 (Ley de Justicia y Paz), with a view to Colombia’s obligations under Article 17 of the ICC Statute. After some preliminary remarks (infra 1), it gives an overview of the process under Law 975, taking into account not only the relevant norms, but, especially, the practice (2). In the second part, the complementarity test of Article 17 of the ICC Statute is systematically analysed and applied to the Colombian situation (3). First, the object of reference of this test, in particular the distinction between situation and case, will be examined. Then, the actual complementarity test will be analysed - distinguishing between complementarity stricto sensu on the one hand, and an additional gravity threshold on the other.
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