Examinando por Materia "Delitos de lesa humanidad"

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    La caducidad en las pretensiones de reparación directa frente a los delitos de lesa humanidad, genocidio y crímenes de guerra en Colombia
    (Universidad EAFIT, 2020) Zapata Naranjo, Sara María; Diaz Diez, Cristian
    The Unification Sentence of January 29th, 2020, delivered by the Colombian Council of State, set a precedent on the mandatory nature of the common expiration term of two years, counted from the knowledge of the unlawful damage, to claim against the State for direct reparation derived from human rights violations, such as crimes against humanity, genocide and war crimes. However, the case law of Inter-American Court of Human Rights, indicated that, although imprescriptibility clearly operates in criminal actions, it is also possible that this guarantee of imprescriptibility applies to other actions such as those aimed at suing the State. The most important is to safeguard the integral reparation right, regardless of the action that is initiated, when we are faced with human rights violations. Thus, taking into account the internal regulations, the pronouncements of the High Courts and the Colombian historical context, this work aims to determine, whether or not it operates in Colombia, the forfeiture of the petition for direct reparation for crimes against humanity, war crimes and genocide.
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    Crimes against humanity. An analytical approach
    (Universidad EAFIT, 2022) Ríos Agudelo, Jhon Fredy
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    Derecho de acceso a la justicia y reparación directa : caducidad, seguridad jurídica y derecho a la reparación de víctimas de graves violaciones de Derechos Humanos y Derecho Internacional Humanitario
    (Universidad EAFIT, 2022) Aguirre Gómez, Matías; Viveros Montoya, Luis Felipe
    The means of control of "direct reparation" is one of the procedural means through which the victims of serious human rights violations can satisfy their rights of access to justice as a matter of international law (Arts 8 and 25 ACHR), particularly the right to reparation. Access to this judicial remedy has several limits set by law, including the expiration rule. This monograph asks whether the expiration rule, as it has been interpreted by the Colombian Council of State, is consistent with the international obligations of the State to guarantee access to an effective judicial remedy that, inter alia, allows obtaining full reparation for the damage derived from the serious violations of international human rights law committed by the State.