El estado constitucional colombiano y la implementación de la justicia transicional desde una perspectiva internacional

Villamil Burgos, Jorge Arley

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Date

2017

Author

Villamil Burgos, Jorge Arley

Título obtenido

Abogado(a)

Director de tesis

Martínez Londoño, Claudia Patricia

Publicador

Universidad La Gran Colombia

Facultad

Facultad de Derecho

Programa

Derecho

TY - GEN T1 - El estado constitucional colombiano y la implementación de la justicia transicional desde una perspectiva internacional AU - Villamil Burgos, Jorge Arley Y1 - 2017 UR - http://hdl.handle.net/11396/4885 PB - Universidad La Gran Colombia AB - As the Colombian State has been proclaimed as a Constitutional Law state since the publication of its main constitutional document of the year 1991, it acquired a serie of International Responsibilities that were incorporated to the internal Law sector through the set of constitutionality, the set must be fullfilled completely if the country doesn´t want to be immersed in an international responsibility by action or omission in which it incurred and caused an unlawful charge to a certain person, that's known as a damage, and automotically it has to be compansated. That is why in Transitional Justice processes, the victims Rights can not be ignored and also if they have been set to and have been recognized under international law, in international instruments and also in the jurisprudential development of supranational tribunals such as the International Criminal Court and the Inter-American Court of Human Rights, which means that Colombia has a number of parameters to observe and in case of a breach of these obligations, the international organizations competence may be activated. Therefore, it is pertinent to point out that through the control of conventionality, both ways, concentrated and diffuse, would be one of the alternatives and protection mechanisms with which the victims of the Colombian armed conflict count in case that the State does not guarantee their Rights. This mechanism proceeds, even against the finalagreement, even though this has been constitutionalised with its inclusion in the set of constitutionality and also against all the actions that are deployed by the SJP (Special Justice for Peace) or by its acronym in Spanish JEP. ER - @misc{11396_4885, author = {Villamil Burgos Jorge Arley}, title = {El estado constitucional colombiano y la implementación de la justicia transicional desde una perspectiva internacional}, year = {2017}, abstract = {As the Colombian State has been proclaimed as a Constitutional Law state since the publication of its main constitutional document of the year 1991, it acquired a serie of International Responsibilities that were incorporated to the internal Law sector through the set of constitutionality, the set must be fullfilled completely if the country doesn´t want to be immersed in an international responsibility by action or omission in which it incurred and caused an unlawful charge to a certain person, that's known as a damage, and automotically it has to be compansated. That is why in Transitional Justice processes, the victims Rights can not be ignored and also if they have been set to and have been recognized under international law, in international instruments and also in the jurisprudential development of supranational tribunals such as the International Criminal Court and the Inter-American Court of Human Rights, which means that Colombia has a number of parameters to observe and in case of a breach of these obligations, the international organizations competence may be activated. Therefore, it is pertinent to point out that through the control of conventionality, both ways, concentrated and diffuse, would be one of the alternatives and protection mechanisms with which the victims of the Colombian armed conflict count in case that the State does not guarantee their Rights. This mechanism proceeds, even against the finalagreement, even though this has been constitutionalised with its inclusion in the set of constitutionality and also against all the actions that are deployed by the SJP (Special Justice for Peace) or by its acronym in Spanish JEP.}, url = {http://hdl.handle.net/11396/4885} }RT Generic T1 El estado constitucional colombiano y la implementación de la justicia transicional desde una perspectiva internacional YR 2017 LK http://hdl.handle.net/11396/4885 PB Universidad La Gran Colombia AB As the Colombian State has been proclaimed as a Constitutional Law state since the publication of its main constitutional document of the year 1991, it acquired a serie of International Responsibilities that were incorporated to the internal Law sector through the set of constitutionality, the set must be fullfilled completely if the country doesn´t want to be immersed in an international responsibility by action or omission in which it incurred and caused an unlawful charge to a certain person, that's known as a damage, and automotically it has to be compansated. That is why in Transitional Justice processes, the victims Rights can not be ignored and also if they have been set to and have been recognized under international law, in international instruments and also in the jurisprudential development of supranational tribunals such as the International Criminal Court and the Inter-American Court of Human Rights, which means that Colombia has a number of parameters to observe and in case of a breach of these obligations, the international organizations competence may be activated. Therefore, it is pertinent to point out that through the control of conventionality, both ways, concentrated and diffuse, would be one of the alternatives and protection mechanisms with which the victims of the Colombian armed conflict count in case that the State does not guarantee their Rights. This mechanism proceeds, even against the finalagreement, even though this has been constitutionalised with its inclusion in the set of constitutionality and also against all the actions that are deployed by the SJP (Special Justice for Peace) or by its acronym in Spanish JEP. OL Spanish (121)

Abstract

Dado que el Estado colombiano se ha proclamado como un Estado Constitucional de Derecho a partir de la expedición de su texto constitucional de 1991, adquirió una serie de responsabilidades internacionales que se fueron incorporando al Derecho interno mediante la figura de bloque de constitucionalidad, las cuales deben ser cumplidas a cabalidad si no quiere verse inmerso en una responsabilidad internacional por la acción u omisión en la que incurrió y produjo una carga antijurídica a determinada persona, daño que debe ser reparado. Por ello es que en procesos de Justicia Transicional no se pueden desconocer los Derechos de las víctimas que se han reconocido desde el Derecho internacional, tanto en instrumentos internacionales de Derechos Humanos como en el Desarrollo jurisprudencial de tribunales supranacionales como la Corte Penal Internacional y la Corte Interamericana de Derechos Humanos, por lo cual Colombia tiene una serie de parámetros que observar y en caso de incumplimiento de dichas obligaciones se podrá activar la competencia de estos órganos internacionales. Por ello es pertinente señalar que, mediante el control de convencionalidad tanto concentrado o difuso sería una de las alternativas y mecanismos de protección con el que cuentan las víctimas del conflicto armado colombiano en caso de que el Estado no garantice sus Derechos. Este mecanismo procede incluso contra el acuerdo final así éste se haya constitucionalizado con su inserción al bloque de constitucionalidad y además contra todas las actuaciones que se despliegue por la denominada JEP (Justicia Especial para la Paz).

Abstract

As the Colombian State has been proclaimed as a Constitutional Law state since the publication of its main constitutional document of the year 1991, it acquired a serie of International Responsibilities that were incorporated to the internal Law sector through the set of constitutionality, the set must be fullfilled completely if the country doesn´t want to be immersed in an international responsibility by action or omission in which it incurred and caused an unlawful charge to a certain person, that's known as a damage, and automotically it has to be compansated. That is why in Transitional Justice processes, the victims Rights can not be ignored and also if they have been set to and have been recognized under international law, in international instruments and also in the jurisprudential development of supranational tribunals such as the International Criminal Court and the Inter-American Court of Human Rights, which means that Colombia has a number of parameters to observe and in case of a breach of these obligations, the international organizations competence may be activated. Therefore, it is pertinent to point out that through the control of conventionality, both ways, concentrated and diffuse, would be one of the alternatives and protection mechanisms with which the victims of the Colombian armed conflict count in case that the State does not guarantee their Rights. This mechanism proceeds, even against the finalagreement, even though this has been constitutionalised with its inclusion in the set of constitutionality and also against all the actions that are deployed by the SJP (Special Justice for Peace) or by its acronym in Spanish JEP.

URI

http://hdl.handle.net/11396/4885

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