Prof. Dr. Kai Ambos on Responsibility of the Superior and the JEP
Prof. Dr. Dr. h.c. Kai Ambos talked recently with Colombian media and referred to the Responsibility of the Superior, the political participation of ex-combatants of the FARC-EP guerrilla, among other current issues.
Prof. Dr. Ambos is ‘Amicus Curiae’ of the JEP that means he presents arguments or information to that court. He is a highly acclaimed expert in International Criminal Law and Transitional Justice and Director of the Center for the Study of Criminal Law and Latin American Criminal Procedure (CEDPAL) at the University of Göttingen, which is a founding member of the CAPAZ Institute consortium. Kai Ambos is spokesperson of the University of Göttingen at CAPAZ.
In an interview with the newspaper El Espectador, Prof. Dr. Ambos emphasized the need to clarify criminal responsibilities of former FARC-EP members who start in politics. “In my opinion, the taking office of people who are possibly criminally responsible should be suspended,” said Ambos. He also spoke about the treatment that should be given to members of the security forces in the JEP and the extradition request of the former guerrilla commander known as “Jesus Santrich”.
On July 13, 2018, the Specialized Judicial Chamber of Recognition of the Special Jurisdiction for Peace (JEP) opened Case 001 against the guerrilla FARC-EP commanders for kidnapping. A few days later, the start of the legislative session for 2018-2022 drew attention, since for the first time former FARC combatants will be part of the parliament.
Colombia’s newly elected president Iván Duque said he would adjust the JEP and was quite sceptical of the political participation of former guerrilla group members.
On the Special Jurisdiction for Peace (JEP), Ambos explained that the Colombian model of transitional justice has drawn attention in the international academic discussion. He mentioned that academics in the United States and the European countries are highly interested in studying the Colombian case.
Prof. Dr. Ambos gave an interview to Revista Semana on the possible exclusion of the military from the JEP. “The International Criminal Court (ICC) or the Inter-American Court (IACHR) do not care whether the military is judged by the JEP or the Supreme Court, but that they are effectively tried. What the Colombian justice cannot do is to leave unpunished the international crimes that were committed in the country”, explains Ambos.
In his recent comment published by Revista Semana, Prof. Dr. Ambos uses the case of the Congolese politician Jean Pierre Bemba to refer to notion of Superior Responsibility as a form of inculpation in cases of War Crimes or Crimes Against Humanity.
Superior Responsibility deals with the responsibility of a superior, who knows or should have known about crimes committed by his subordinates and has not taken any necessary measures to punish, report the incident to competent authorities or to prevent the criminal act happened. Related to Colombia, this kind of responsibility is contemplated within the law that regulates the Special Jurisdiction for Peace (JEP).
You can read the full interview of Prof. Dr. Kai Ambos with Revista Semana (published on July 23, 2018 in Spanish)
You can read the full interview of Prof. Dr. Kai Ambos with El Espectador (published on June 26, 2018 in Spanish)
You can read the full article of Prof. Dr. Ambos in Revista Semana on Bemba’s case (published on June 15, 2018 in Spanish)