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Article

26 Nov 2018

Author:
Dejusticia

New book explores potential criminal responsibility of corporate actors in Colombian armed conflict

Note: The book is in Spanish.

The Final Peace Agreement between the Colombian government and the FARC-EP created a complex transitional justice system which includes the Special Jurisdiction for Peace (SJP) as it's justice component...

One innovative characteristic of the SJP is that it's competence is not limited to state actors and members of armed groups, but also includes third party actors... The book focuses on one particular subset of third-party actors, economic actors - that is actors whose participation in conflict-related crimes was linked to their economic or commercial activities. To address the potential criminal responsibility of these actors for their role in the conflict requires determining the patterns of their collaboration with the armed actors and translating that into concepts of criminal liability...

Through providing an overview of international criminal standards, key decisions from various other countries, and how they apply to the particular features of economic actor involvement, the book aims to answer difficult questions such as "What type of collaboration with an armed group gives rise to criminal responsibility?" and "Under what circumstances can they be absolved from criminal responsibility based on coercion?" ...

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