NDLI: Beyond Justice, Beyond Peace? Colombia, the Interests of Justice, and the Limits of International Criminal Law

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Beyond Justice, Beyond Peace? Colombia, the Interests of Justice, and the Limits of International Criminal Law

Content Provider	Springer Nature Link
Author	Arcarazo, Diego Acosta Buchan, Russell Ureña, Rene
Copyright Year	2015
Abstract	This paper explores the role of Article 53 of the Rome Statute and its ‘interest of justice’ standard in Colombia. After first providing some background to the ICC’s involvement in Colombia in the context of the so-called Justice and Peace Law and the more recent Legal Framework for Peace, we critically explore the reasons why the principle of complementarity is the focus of contemporary debates on the ICC in that country. We suggest that this discussion often ends in stalemate, with little space to move forward. In light of this, in this article we propose an alternative way to advance the discussion; namely, Article 53. We then consider whether, in order to protect transitional justice mechanisms adopted by states in order to end conflicts and move towards national reconciliation, the OTP has the power under Article 53(1)(c) to stop a prosecution on the basis that it is not in the interests of justice. Much here depends upon whether justice is interpreted broadly or narrowly. Two questions are central: First, should transitional justice arrangements be permissible under the legal framework established by the Rome Statute? Second, should the OTP concern itself with matters pertaining to domestic politics or should it understand its role as being completely independent from national processes? We advocate a narrow reading of the concept of justice, meaning that the OTP cannot use Article 53(1)(c) to prevent ICC intervention on the basis that it risks disrupting a transitional justice mechanism.
Starting Page	291
Ending Page	318
Page Count	28
File Format	PDF
ISSN	10468374
Journal	Criminal Law Forum
Volume Number	26
Issue Number	2
e-ISSN	15729850
Language	English
Publisher	Springer Netherlands
Publisher Date	2015-03-03
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Criminal Law Private International Law, International & Foreign Law, Comparative Law Public International Law International Economics
Content Type	Text
Resource Type	Article
Subject	Law

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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