Constitutional Block Effects of prescription of penal prosecution in Colombia

• Main Author: Luis Andrés Fajardo Arturo
• Format: Article
• Language: Spanish
• Published: Universidad Sergio Arboleda 2010-12-01
• Series: Civilizar
• Subjects: International Law of Human Rights; International Humanitarian Law; prescription.
• Online Access: http://www.usergioarboleda.edu.co/civilizar/civilizar-17/Civilizar_17_%20art%203.pdf

In Colombia, the articles 93, 94 and 214 of the Constitutional Charter create a bridge of implementation through the International Law of Human Rights and International Humanitarian Law are integrated into the Colombian law under the figure of the Constitutional Bloc . The main effect of this is to adapt the internal law to the international obligations of the State, and consequently, the evolution in the protection and guarantee of human rights domestically.However, the implementation process can generate complex problems that arise, for example, the contradictions between the rules of law which are based on legal principles rooted in the country and the bloc of of constitutionality’s rules. The case of prescription of prosecution in Colombia is a complex case, but international norms is evident in the existence of a rule on the applicability of prosecution of war crimes and crimes against humanity. This article is the conclusion of a balance of the principles found there.