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The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court - An Inductive, Situation-based Approach (Paperback, 2010 ed.)
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The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court - An Inductive, Situation-based Approach (Paperback, 2010 ed.)
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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
accountability has both pragmatic and principled arguments in its
favor. Practical arguments as much as shifts in norms have created
a situation in which the choice is increasingly seen as "which
forms of accountability" rather than a stark one between peace and
justice. The Colombian Justice and Peace Law 975 and its
implementation offer an interesting and unique approach to dealing
with the international crimes committed in Colombia's decades-long
armed conflict. Yet, will this approach suffice with regard to
Colombia's obligations under international law to investigate and
prosecute international crimes? Does it meet the standards of the
ICC, which has been monitoring the Colombian situation for some
time now? In particular, does it pass the complementarity test laid
out in the ICC statute or will the ICC have to intervene in
Colombia to enforce international criminal law?
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