The responsibility for authority in Colombian transitional justice

Abstract

This article with a synthesis analysis method clarifies the responsibility for the
coomand in accordance with international criminal law and determines the possibility
of establishing that type of responsibility in a transitional justice model such as the one
currently used in Colombia. Besides they must take into account and specify in the subjects
to whom the responsibility for the command would be applied.
In order to achieve this objective, it specifically refers to the analysis of the theories that allow
assigning individual criminal responsibility for the commission of punishable conducts in
scenarios of armed conflict such as the one in Colombia. The possible application to the
responsible ones is analyzed in order to avoid the rampant impunity that has existed for
decades in this country, due to serious international crimes that occurred in the middle
of the armed conflict.
It is concluded that it can be determined that there is a wide possibility of impunity for the
crimes committed by the superiors against the behavior committed especially by omission;
it is stipulated that to avoid impunity, the ideal is that there should be adequate sanctions
according to both the truth that is proven and the seriousness of it, taking into account the
jurisprudence of the Adhoc and the International Criminal Court.