Responsabilidad de mando y control efectivo del superior militar en el marco de la justicia transicional en Colombia
Command responsibility for serious crimes against human rights implies that, even when the hierarchical superior officer does not order or is not involved in the commission of a crime, he should be accountable for the conduct of his subordinates and for not having prevented or penalized such actions...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7323365 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 50, 2019, pags. 149-162 |
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| Summary: |
Command responsibility for serious crimes against human rights implies that, even when the hierarchical superior officer does not order or is not involved in the commission of a crime, he should be accountable for the conduct of his subordinates and for not having prevented or penalized such actions. Common law and international law contemplate that any hierarchical military superior who acts as such is also held liable in the form of effective or de facto control. This concept regards as responsible those who, despite not having been officially or legally appointed as a military superior, perform this function de facto through a chain of command or by means using the organization’s power. Nonetheless, it was found that, although international law and case law have delimited the application framework of command responsibility through effective control, the Colombian legal system does not include such regulations, especially in relation to the scenario of transitional justice in Colombia. Thus, it is explained why this limitation does not fulfill the guarantees or rights of victims within the Colombian Integrated System of Truth, Justice, Reparation and Non-Repetition. |
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