Abstract

DAZA-MARQUEZ, Tania-Milena. Imprescriptibility of the action and the disciplinary sanction by violation of humanitarian international right. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.431-462. ISSN 0124-0579.

This article puts forward an analysis of the problem of the imprescriptibility of action and disciplinary sanctions for grave violations of human rights and international humanitarian law, committed by civil servants, particularly, members of the Military Forces and the National Police. The study deals with the regulation of disciplinary action for grave conduct within the disciplinary regime applicable to the Public Forces over the past thirty years and in the current Code of Practice on Disciplinary and Grievance Proceedures. I also illustrate the legal, political, social and economic consequences-for the Colombian State-of investigation and disciplinary sanctions for crimes against humanity or war crimes being ommitted or delayed through negligence of State officials. The declaration of a prescription may be considered a means to impunity for administrative sanctions and, in turn, provides proof of the State’s failure to comply with International committments that guarantee and protect Human Rights and International Humanitarian Law. Finally, given the controversy regarding disciplinary imprescriptibility, this paper proposes a llegal reform which extends the term of prescription in order to preserve the rights of victims and the disciplined.

Keywords : imprescriptibility; crimes against humanity; human rigths.

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