The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia
This perspective article critically explores the concept of “most responsible” within international criminal jurisprudence and its reception by the Special Jurisdiction for Peace (JEP) in Colombia. In the context of Colombia's transitional justice process, the definitions of “most responsible”...
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| Format: | Article |
| Language: | English |
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Frontiers Media S.A.
2025-01-01
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| Series: | Frontiers in Political Science |
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| Online Access: | https://www.frontiersin.org/articles/10.3389/fpos.2025.1497391/full |
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| author | José Manuel Díaz-Soto Diego Borbón |
| author_facet | José Manuel Díaz-Soto Diego Borbón |
| author_sort | José Manuel Díaz-Soto |
| collection | DOAJ |
| description | This perspective article critically explores the concept of “most responsible” within international criminal jurisprudence and its reception by the Special Jurisdiction for Peace (JEP) in Colombia. In the context of Colombia's transitional justice process, the definitions of “most responsible” and “determining participants” play a pivotal role in deciding who should face prosecution and sanctions of effective restriction of liberty for war crimes and crimes against humanity. The article argues that the current conceptual ambiguity within the JEP's legal framework risks conflating accomplices with principal offenders, which could undermine the selective justice model designed to focus on high-level perpetrators. Through a comparative analysis of international criminal tribunals, including the ICTY, ICTR, ICC, and SCSL, the article highlights the importance of clear definitions to avoid excessive judicialization and to align the process with the goals of peace, reconciliation, and restorative justice. This perspective concludes that the lack of precise legal definitions in the JEP could hinder its ability to fulfill its mandate effectively. |
| format | Article |
| id | doaj-art-ce281010db8940a2815cca8329d17417 |
| institution | Kabale University |
| issn | 2673-3145 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Frontiers Media S.A. |
| record_format | Article |
| series | Frontiers in Political Science |
| spelling | doaj-art-ce281010db8940a2815cca8329d174172025-01-24T07:13:58ZengFrontiers Media S.A.Frontiers in Political Science2673-31452025-01-01710.3389/fpos.2025.14973911497391The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in ColombiaJosé Manuel Díaz-Soto0Diego Borbón1Department of Criminal Law and Criminology, Universidad Externado de Colombia, Bogotá, ColombiaCenter for Studies on Genetics and Law, Universidad Externado de Colombia, Bogotá, ColombiaThis perspective article critically explores the concept of “most responsible” within international criminal jurisprudence and its reception by the Special Jurisdiction for Peace (JEP) in Colombia. In the context of Colombia's transitional justice process, the definitions of “most responsible” and “determining participants” play a pivotal role in deciding who should face prosecution and sanctions of effective restriction of liberty for war crimes and crimes against humanity. The article argues that the current conceptual ambiguity within the JEP's legal framework risks conflating accomplices with principal offenders, which could undermine the selective justice model designed to focus on high-level perpetrators. Through a comparative analysis of international criminal tribunals, including the ICTY, ICTR, ICC, and SCSL, the article highlights the importance of clear definitions to avoid excessive judicialization and to align the process with the goals of peace, reconciliation, and restorative justice. This perspective concludes that the lack of precise legal definitions in the JEP could hinder its ability to fulfill its mandate effectively.https://www.frontiersin.org/articles/10.3389/fpos.2025.1497391/fullpeace processpeacebuildingpost-armed conflicttransitional justiceinternational criminal lawrestorative justice |
| spellingShingle | José Manuel Díaz-Soto Diego Borbón The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia Frontiers in Political Science peace process peacebuilding post-armed conflict transitional justice international criminal law restorative justice |
| title | The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia |
| title_full | The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia |
| title_fullStr | The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia |
| title_full_unstemmed | The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia |
| title_short | The concept of most responsible in international criminal law and its problematic reception in the Special Jurisdiction for Peace in Colombia |
| title_sort | concept of most responsible in international criminal law and its problematic reception in the special jurisdiction for peace in colombia |
| topic | peace process peacebuilding post-armed conflict transitional justice international criminal law restorative justice |
| url | https://www.frontiersin.org/articles/10.3389/fpos.2025.1497391/full |
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