The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court
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 ac
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Kai Ambos
The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court An Inductive, Situation-based Approach
Professor Dr. jur. Kai Ambos University of Go¨ttingen Head Department for Foreign and International Criminal Law Chair for Criminal Law, Criminal Procedure, Comparative Law and International Criminal Law Judge at the Provincial Court (Landgericht) Go¨ttingen Platz der Go¨ttinger Sieben 5 37073 Go¨ttingen Germany [email protected]
ISBN 978-3-642-11272-0 e-ISBN 978-3-642-11273-7 DOI 10.1007/978-3-642-11273-7 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2010927684 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
This book is based on an in-depth research into the Colombian peace process under the Justice and Peace Law (Law 975 of 2005), with a view to the obligations set forth under the complementarity principle of the ICC Statute. The research was commissioned by GTZ-ProFis, a project funded by the German government with the goal of assisting Colombia’s Unit of Justice and Peace (Unidad de Justicia y Paz) of the Office of the Prosecutor General (Fiscalia General de la Nacio´n) which is the most important institution to make this process work. The research was conducted in 2008 and 2009 involving various missions to Colombia (see Annex I). The original Spanish language study was presented in October 2009 in Bogota´ and was published by GTZ-ProFis and the Colombian publishing house Temis (www.editorialtemis.com) in February 2010; it is also available online at www. department-ambos.uni-goettingen.de/index.php/en/Forschung/friedensprozess-inkolumbien-aufgrund-des-gesetzes-975-v-2272005.html. The study pursues an inductive, situation-based approach with regard to the interpretation of the complementarity principle governing the relationship between the jurisdiction of the International Criminal Court and national criminal justice systems (Art. 17 ICC Statute). The situation it starts from is the Colombian peace process under the said Law 975. The
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