ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
Protection of the Natural Environment Under International Humanitarian Law and International Criminal Law: The Case of the Special Jurisdiction for Peace in Colombia
Author(s): Ramirez Gutierrez, Camilo; Eslava, A. Sebastian Saavedra | Abstract: This Article addresses the protection of the natural environment in a non-international armed conflict (NIAC) by applying international humanitarian law (IHL) and international criminal law (ICL) in a transitional justice tribunal. nIn December 2016, the Colombian government and the Revolutionary Armed Forces of Colombia–People’s Army (FARC-EP) guerrilla group signed an agreement which established the Special Jurisdiction for Peace (JEP), a tribunal designed to investigate, prosecute, and punish those responsible for the most serious crimes committed during the Colombian Armed Conflict. nThe agreement and the regulations of the JEP establish that this tribunal could directly apply IHL and ICL when examining crimes under investigation. nHowever, case law related to this subject matter is almost nonexistent. nTherefore, the JEP should create case law that can be studied and followed by other international and domestic criminal tribunals, while shedding light on the international standard on environmental protection emanating from IHL and ICL.In this Article, we demonstrate how the JEP can effectively use IHL and ICL when prosecuting war crimes which have harmful effects on the environment. nFor this purpose, Part I presents background on the Colombian Armed Conflict. nPart II describes the JEP, the generalities of its legal framework and the specifics of the use of international law by this tribunal. nPart III examines relevant domestic and international sources to explain the insufficiency of domestic law and the ability of international law to surpass those limitations. nPart IV recalls the sources of ICL and IHL related to the protection of the natural environment in NIACs.n Finally, Part V discusses recent JEP decisions related to the protection of the natural environment and some possible conduct to be investigated in the future. nWe conclude by describing the benefits of the JEP’s use of international law.