Keywords
civil and political rights
justice administration
privileges and immunities
Military jurisdiction
Military
Military Justice
amendment to military jurisdiction
How to Cite
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.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.