La responsabilidad por el mando en el Acuerdo de Paz firmado por el Gobierno Colombiano y las FARC-EP: un análisis sobre la base del caso Bemba de la Corte Penal Internacional

Abstract

This article discusses the rules on command responsibility issued within the implementation of the Peace Agreement between the Colombian Government and the guerrilla group FARC-EP. The objective is to analyse the meaning of those rules, considering the judgment of the Appeals Chamber of the International Criminal Court in the Bemba case, decided in June 2018. This text argues that those rules on command responsibility cannot be an independent basis for criminal liability, and therefore, applying the ordinary Colombian Criminal Law or International Criminal Law is still necessary. Those rules on command responsibility should facilitate the articulation of the international and domestic levels. However, they generate some interpretive difficulties and exacerbate the tensions on this topic between these two normative levels.