The recent attempt at constitutional reform to Colombia’s military jurisdiction: Context, implications and perspectives for subsequent debates
From an international perspective, there has been a tendency to try and restrict or even avoid the use of military tribunals to prosecute members of the military or police responsible for serious human rights violations. Colombia has become a part of this trend over the past few decades, particularl...
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| Format: | Article |
| Language: | English |
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2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6371836 |
| Source: | Derecho Público, ISSN 1909-7778, Nº. 33, 2014 |
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| Summary: |
From an international perspective, there has been a tendency to try and restrict or even avoid the use of military tribunals to prosecute members of the military or police responsible for serious human rights violations. Colombia has become a part of this trend over the past few decades, particularly through its Constitutional Court jurisprudence and a handful of
legislative developments. However, Colombia’s Legislative Act 02 of 2012 interrupted this trend by attempting to amend the country’s Constitution and extend the scope of military jurisdiction in Colombia, arguing that more confidence should placed in Colombia’s military and police. Although Colombia’s Constitutional Court quickly declared this constitutional reform unconstitutional due to some flaws in the congressional approval process, the substantial content and implications of this attempt at reform must be the starting point for subsequent debates about the benefits and scope of military criminal justice reform. |
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