Abstract

FERNANDEZ MEJIA, Diana. Lack of Classification of Crimes against Humanity: A Review of the Colombian Case. Opin. jurid. [online]. 2011, vol.10, n.20, pp.19-33. ISSN 1692-2530.

This research article is intended to analyze consequences resulting from the lack of classification of crimes against humanity in Colombia. Consequently, one of the consequences resulting from the lack of classification of these cases as crimes is the ignorance of the legality principle due to the possibility judicial authorities have to directly apply the Rome Statute for classifying a behavior as a crime against humanity. Lack of this classification could result in the International Criminal Court to execute its competence based on the principle of complementarity, specifically for the material incapacity of the Colombian State to carry out a criminal prosecution of a person responsible for a crime against humanity.

Keywords : crimes against humanity; Rome Statute; legality principle; International Criminal Court; crime classification; incapacity; direct application.

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