Abstract

BASTIDAS ZARATE, Juan Sebastián  and  PARDO CASALLAS, Lili Dayana. Amnesty as a Legal Measure that Contributes to the End of the Internal Armed Conflict - Colombian Case. Justicia [online]. 2023, vol.28, n.43, pp.87-98.  Epub Nov 24, 2023. ISSN 0124-7441.  https://doi.org/10.17081/just.28.43.5629.

This article studies the legal figure of amnesty, understood as a complementary mechanism for the achievement of peace, reconciliation and the materialization of justice in a broad sense, in transition processes, blurring the imaginary of its direct relationship with impunity, illegality, illegitimacy and violation of state obligations. For this, it begins with the conceptualization of the amnesty, the relationship of this legal measure with the fulfillment of the obligations of the states, their involvement in the execution of the amnesty, its contrast with impunity and conventionality control. As well as the study of the concept developed by the IACHR of amnesty and impunity through the analysis of its emblematic cases, the legitimacy of amnesties in transitional justice processes and finally the viability and minimum parameters of the amnesty for its application in parallel with the study of the Colombian case.

Keywords : Amnesty; transitional justice; impunity; legitimacy; control of conventionality; justice; criminal action..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )