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- Title
FUERO MILITAR: ¿GARANTÍA FUNCIONAL O CONDICIÓN DE IMPUNIDAD?
- Authors
Cárdenas Poveda, Margarita
- Abstract
The legal institution of military jurisdiction has been constantly questioned by considering that it has been used to abuse and it has worked as a source of impunity in front of serious human rights violations. Before the discredit of Military Justice, the military jurisdiction has been traditionally restricted, but recently it suffered an amendment that has motivated critics from many sectors, reform which established new Military Justice bodies with functions that overlap their powers together to define conflicts of jurisdiction between the ordinary courts and the military justice system, leaving doubts about the consistency by which the aforementioned theme is treated. Due to these considerations, this research seeks to clarify whether the military criminal jurisdiction is a functional guarantee, as it is constitutionally and legally established, or whether on the contrary, in practice it has been distorted by the actions of the security forces and is rather a condition of impunity.
- Subjects
COLOMBIA; JURISDICTION (Military law); LAW; MILITARY privileges &; immunities; COURTS-martial &; courts of inquiry; IMPUNITY; JUSTICE administration; HUMAN rights
- Publication
Vniversitas, 2013, Issue 127, p61
- ISSN
0041-9060
- Publication type
Article
- DOI
10.1144/Javeriana.VJ127.fmgf