La Sistematicidad y la Jurisdicción Especial para la Paz

Abstract

The purpose of this research work is to elaborate a study of the concept of systematicity as a dogmatic element of international criminal law used in transitional justice criminal law, corresponding to the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (SIVJRNR), created by the Final Agreement for the termination of the conflict and the construction of a stable and lasting peace, signed between the National Government and the plenipotentiaries of the Revolutionary Armed Forces of Colombia (FARC) on November 24, 2016. Said study has as teleology to establish if the concept of systematicity implemented by the Special Jurisdiction for Peace corresponds in its nature to the dogmatic concept built in the jurisprudence of the International Criminal Court (ICC) based on the interpretation and application of the norms of the Statute. of Rome (RE). In order to fulfill said purpose, the following will be studied: i) the background, origin and concept of systematicity in international criminal law; ii) the dogmatic elements that compose it; iii) the teleology of the concept in current international criminal law; and iv) the development of the notion in vernacular law. In order to comply with the last of the paths described in the previous paragraph: i) the concept of systematicity in Colombian constitutional law will be studied, specifically, in the jurisprudence of the Constitutional Court regarding the norms of the SIVJRNR and international criminal law; ii) the concept of systematicity adopted by the Criminal Cassation Chamber of the Supreme Court of Justice, as the closing body of the criminal jurisdiction, will be analyzed; iii) the norms of substantive law of constitutional and legal rank that regulate the systematicity in the Colombian criminal law of transitional justice will be studied.