Reflections on the statutory law of the (Colombian) Special Jurisdiction for Peace, from the Rome Statute

Abstract

This article of reflection seeks to make an approach to the debate on the application of the Rome Statute in the framework of the implementation of the (Colombian) Final Agreement for the End of Conflict and the Construction of a Stable and Lasting Peace. For this reason, it was established as a focus of study, the Statutory Law of the Administration of Justice in the Special Jurisdiction for Peace, in the light of the Rome Statute and judgment C-290 of 2012, issued by the Constitutional Court, in order to Identify the legal challenges that are drawn up in compliance with the principle of complementarity in the current social and regulatory context. For this purpose, the methodology here used starts from a qualitative process of documentary and jurisprudential type, resulting in the identification of the jurisprudence of the Constitutional Court that is guiding in regard with the compliance with the Rome Statute for the implementation of the Final Agreement. Therefore, it is concluded that judgment C-290 of 2002 becomes a useful reference for resolving possible doubts about impunity in the trial of those who have the most responsibility for war crimes, or crimes against humanity, in relation to the functioning of the Special Jurisdiction for peace. Keywords: Peace, Statute, Agreement, Rights.