Acosta Arcarazo, D., Buchan, R.J. and Ureña, R. (2015) Beyond Justice, Beyond Peace? Colombia, the Interests of Justice, and the Limits of International Criminal Law. Criminal Law Forum, 26 (2). pp. 291-318. ISSN 1046-8374
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.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2015 Springer Science+Business Media Dordrecht. This is an author produced version of a paper subsequently published in Criminal Law Forum. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 29 Apr 2016 11:22 |
Last Modified: | 16 May 2016 13:26 |
Published Version: | http://dx.doi.org/10.1007/s10609-015-9248-1 |
Status: | Published |
Publisher: | Springer Verlag |
Refereed: | Yes |
Identification Number: | 10.1007/s10609-015-9248-1 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:98789 |