Corte Penal Internacional: una instancia efectiva para la no impunidad en los casos de Falsos Positivos en Colombia 2008 - 2016

Abstract

It is inferred that the State through the institutions that must investigate and prosecute the cases of false positives occurred in the period from 2008 to 2016 in Colombia by the military forces of Colombia, is reluctant or at least ineffective to prosecute the perpetrators of said punishable behaviors in particular. It is necessary to highlight that the Colombian regulations are sufficient to adequately judge the authors of the False Positive cases that occurred in the period from 2008 to 2016 in Colombia, however unfortunately for different reasons such as the conflict between jurisdictions, the creation of new jurisdictions in the transitional justice and those provisions contained within the context of the legal framework for peace, and the discussion that arose on the occasion of the interpretation of the criminal types applicable to the cases in particular, have permitted the delay of these processes for several years. Likewise, that at the moment of qualifying the facts within certain criminal types to carry out the respective imputation it is necessary to take into account the theory of the mediate author according to the chain of command, in order to judge all the authors immersed in the cases of False positives occurred in the period from 2008 to 2016 in Colombia, favoring the truth, justice, reparation and guarantee of non-repetition demanded by the victims, as well as non-impunity. It is necessary the intervention of a Court such as the ICC in order to hold the actors responsible for the crimes of enforced disappearance in accordance with the provisions of the International Law and Internal Law slogans contained in the Rome Statute and Conventions ratified by Colombia in relation to the violation of Human Rights, since to date only the Colombian State has been condemned by the Inter-American Court of Human Rights and not the perpetrators of such crimes