Macrocriminalidad" en la Jurisdicción Especial para la Paz: análisis crítico de la atribución de Responsabilidad Penal y el Principio de Legalidad en el Auto 019 de 2021

Abstract

This paper analyzes the treatment of macro-criminality in the Special Jurisdiction for Peace (hereafter JEP) through the study of Auto 019 of 2021, issued in Macrocase 01 concerning kidnappings and serious deprivations of liberty committed by the FARC-EP. The research examines two fundamental legal aspects: the application of the theory of indirect co-perpetration through organized power structures to attribute criminal responsibility to the top commanders, and the tensions generated by the application of the principle of legality when categories of international criminal law not expressly codified in national legislation at the time of the events are used. Through a comprehensive documentary analysis, the study evaluates how the JEP has developed innovative methodologies to document more than 21,000 kidnapping cases, build systematic contexts, and assign responsibility to the eight members of the FARC-EP Secretariat. The findings reveal that, although the adopted model represents significant advances in the judicial treatment of systematic criminality, tensions persist between traditional criminal guarantees and the demands of effectiveness in transitional justice. The study concludes that the JEP’s experience offers valuable lessons for the development of international criminal law, demonstrating that it is possible to build sophisticated legal responses to massive violence without sacrificing fundamental principles of the rule of law, although this balance presents operational and conceptual challenges that require continuous attention Keywords: macro-criminality, Special Jurisdiction for Peace, indirect co-perpetration, principle of legality, transitional justice, organized power structures