The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court

1. Front Matter

   Pages i-xiii

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2. Law 975 and its process

   1. Front Matter

      Pages 1-1

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   2. Preliminary Remarks

      • Kai Ambos

      Pages 3-10

   3. The Process Under Law 975

      • Kai Ambos

      Pages 11-24

   4. Intermediate Conclusions

      • Kai Ambos

      Pages 25-33

3. The complementarity test (Art. 17) and its application to the Colombian situation

   1. Front Matter

      Pages 35-35

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   2. Preliminary Considerations: The Object of Reference of the Complementarity Test (Situation–Case–Conduct)

      • Kai Ambos

      Pages 37-41

   3. Gravity and Complementarity Stricto Sensu

      • Kai Ambos

      Pages 43-87

   4. Conclusion: Classifying the Colombian Case with a View to Different Transitional Justice Scenarios

      • Kai Ambos

      Pages 89-90

   5. Some Recommendations for the Further Application of Law 975

      • Kai Ambos

      Pages 91-95

4. Back Matter

   Pages 97-161

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Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

• (Principle of) complementarity
• Armed conflict
• Colombia
• Conflict
• International Criminal Court
• Justice + Peace
• Peace
• Peace Process
• Transitional Justice

From the reviews:

“This book is based on a Research into the Colombian peace process … with a take on the obligation set forth under the complementary principle of the ICC Statute. … This book could be extremely useful not only for readers who are new to the topic and want to familiarize themselves with its essential facts and basic issues, but also equally useful for those already familiar with the peace process in Colombia and want to remain up to date with its development.” (Yira Segrera, Verfassung und Recht in Übersee, Vol. 45 (3), 2012)

• LS Strafrecht, Strafprozessrecht,, Rechtsvergleichung u. Int. Strafrecht, Universität Göttingen, Göttingen, Germany

  Kai Ambos

Policies and ethics