The implementation of International Criminal Law obligations - particularly international crimes within domestic systems: An overview of processes in Colombia, Peru and Venezuela

Authors

  • Juan Carlos Ospina University of The Andes https://orcid.org/0000-0002-5587-1220

    Professor at the University of the Andes (Colombia). Legal Advisor at the Colombian Commission of Jurists (Bogotá, Colombia) and professor at the University of the Andes. Lawyer, Specialist in Culture of Peace, Master in Human Rights and PhD candidate from the University of The Andes.
    Email address: jc.ospinar1@uniandes. edu.co.
  • Michelle Reyes Milk Pontifical Catholic University of Peru https://orcid.org/0000-0003-2909-5026

    Ordinary Professor of the Academic Department of Law of the Pontifical Catholic University of Peru (PUCP), (Lima, Peru). Consultant in International Justice, currently working as a Consultant for the organizations Women's Initiatives for Gender Justice (The Hague, The Netherlands), No Peace Without Justice (Brussels, Belgium), and Due Process of Law Foundation (Washington D.C., USA). She is a lawyer from the PUCP (outstanding mention) and has a Master's Degree in Fundamental Rights from the University Carlos III of Madrid (outstanding mention).
    Email address: reyes.michelle@pucp.edu.pe.
  • Andrea Santacruz Salazar Metropolitan University https://orcid.org/0000-0003-0059-4788

    Professor at the Metropolitan University - UNIMET (Caracas, Venezuela). She is head of the Department of Legal Studies at UNIMET and professor in the chairs of Criminal Law, Criminal Law of Business, Human Rights and Legal Analysis at the same house of studies. She oversees the UNIMET International Studies Department, and Executive Director of the UNIMET Human Rights Center. She is a lawyer (Summa Cum Laude) from UNIMET, Master in Business Tax Management (honors) (UNIMET), and Specialized in Criminal and Criminological Sciences (Central University of Venezuela). She is currently pursuing a Doctorate in Law at the Andrés Bello Catholic University.
    Email address: asantacruz@unimet.edu.ve.

DOI:

https://doi.org/10.18800/iusetveritas.202102.003

Keywords:

International Criminal Law, International Humanitarian Law, International Criminal Court, War Crimes, Crimes Against Humanity, Geneva Conventions, Rome Statute, Armed Conflict, Genocide, Colombia, Peru, Venezuela

Abstract

Latin America has not been unaffected by situations of armed conflict or other situations of violence. These situations require analysis from both theoretical and practical approaches. A key component of these analysis has been - and continues to be - the need to guarantee the compatibility of national legal systems with International Criminal Law, with the aim of fighting against impunity and to prevent the commission of international crimes. This translates into the need to carry out a comprehensive implementation of obligations arising from relevant treaties in this area ratified by States. This factor could guarantee that countries in the region have adequate legal tools to make a correct legal assessment of armed conflicts or situations of violence which may amount to international crimes and crimes related to the use of force by State agents; in order to apply the relevant legal framework according to the characteristics of a specific context and time; and to prosecute criminal conducts using the criminal offenses that best respond to the nature of the events and the context in which they took place. In this sense, this paper contains an analysis of the status of the national implementation in Colombia, Peru and Venezuela of international obligations regarding international crimes as well as, where relevant, crimes related to the use of force by State agents. Thus, the authors aim at identifying legislative successes and gaps, regulatory practices for implementation, as well as the contributions of case-law that have complemented current legal frameworks.

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Published

2021-11-26

How to Cite

Ospina, J. C., Reyes Milk, M., & Santacruz Salazar, A. (2021). The implementation of International Criminal Law obligations - particularly international crimes within domestic systems: An overview of processes in Colombia, Peru and Venezuela. IUS ET VERITAS, (63), 59–82. https://doi.org/10.18800/iusetveritas.202102.003

Issue

No. 63 (2021): Human Rights During Armed Conflicts

Section

Main Section

License

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.