L’AMNISTIA, IL DELITTO POLITICO E I DELITTI CONNESSI NEL PROCESSO DI PACE IN COLOMBIA: LIMITI, SFIDE E NECESSITÀ DI UN ANALISI PROSPETTICA RIGUARDO AI DELITTI CONNESSI AI REATI INTERNAZIONALI

Abstract

Colombia is overcoming a longstanding internal armed conflict. President Santos and the guerrillas Farc subscribed a peace agreement through The Havana accords. Thereby a transitional justice system was put in place. At its center lies the Special Jurisdiction for Peace, which has the duty to grant amnesties for political and relative crimes, as well as to investigate and punish the most responsible of international crimes. This thesis pretends to analyze in depth the concepts of amnesties, political crimes and relative crimes in order to understand the reach of the Peace Tribunal’s jurisdiction. It will be reaffirmed that Peace is a fundamental value and that the purpose of the Special Jurisdiction is to achieve it, therefore, if amnesties for crimes other than political crimes must be granted, it is a moral imperative to do so. Along this document I will argue that it is needed to craft a solution to solve difficult cases such as those in which the jurisdiction of the Peace Tribunal is not always clear.