Abstract

PALACIOS VALENCIA, Yennesit. The rules of ius cogens as an imperative in transitional justice processes: a study relating to Colombia’s Special Jurisdiction for Peace Tribunal. Cuest. Const. [online]. 2020, n.43, pp.291-319.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15186.

Colombia is facing a complex process of transitional justice, not only because of the constant demand of social movements, but also because of international pressure, a felt need for justice and, above all, for the clamor of the victims. This has allowed for a series of reforms to change the footprint of the conflicting past. The above, supported by a wide legal framework that seeks to respond to victims and civil society, with criteria of truth, justice, reparation and measures of non-repetition, resulting in what is now known as the Legal Framework for Peace. In this context, crimes committed in the past will be judged by a Special Tribunal for Peace, which, under the assumption, should adhere to the norm of ius cogens as obligatory compliance standard derived from the international legal system.

Keywords : international crimes; Colombia; ius cogens; transitional justice; Special Court for Peace.