La responsabilidad del comandante militar en Colombia, a la luz del artículo 28 del Estatuto de Roma, respecto al alcance del concepto: control efectivo

Abstract

Given the current juncture, after the signing of the Peace Agreement between the Government and the FARC-EP, in Colombia the implementation of a justice system has begun. to satisfy the rights of victims and to guarantee the non-violation of their rights. repetition of the conflict. Therefore, one of the rights that should be guaranteed to victims is that of justice 1 , creating for this purpose the special jurisdiction for peace and in it is contemplated the responsibility of the superior, establishing minimums so that the military and military commanders to assume responsibility for crimes committed in the framework of the conflict. It is on the basis of the foregoing that multiple debates have been opened in the face of the literal interpretation of article 28 of the Rome Statute and the concept of responsibilityof the command referred to in the Final Agreement. This is because the language used is not the of article 28 of the Rome Statute (ER) and that provided for in article 24 of the Rome Statute (ER). Legislative 01 of 2017, for example, in the subject of effective control the ER contemplates that this is given over the subordinate, while the Legislative Act speaks of effective control about behavior.