Gran corrupción: estrategias para evitar su impunidad internacional
This article presents an analysis of the arguments for and against including the most serious cases of corruption within the jurisdiction of the ICC. The purpose is to suggest a realistic strategy for advancing towards the goal of preventing impunity in such cases. It therefore begins w...
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| Format: | Article |
| Language: | Spanish |
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Universidad EAFIT
2016-12-01
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| Series: | Nuevo Foro Penal |
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| Online Access: | http://publicaciones.eafit.edu.co/index.php/nuevo-foro-penal/article/view/4356/3640 |
| Summary: | This article presents an analysis of the arguments for and against including the most serious cases of corruption within the jurisdiction of the ICC. The purpose is to suggest a realistic strategy for advancing towards the goal of preventing impunity in such cases. It therefore begins with a presentation of the problems posed by the concept of “High corruption” itself, as well as its classification as a discrete crime. Next, there is a brief exposition of the principle weaknesses in the theories proposing that the most serious cases of High corruption be considered crimes against humanity. This is followed by a description of the strategy judged most appropriate for the purpose in mind, i.e. including the factors that characterise High corruption among the essential criteria for confirming the jurisdiction of the ICC in respect of a specific situation or case, as well as for deciding the penalty to be imposed on those guilty of such crimes. |
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| ISSN: | 0120-8179 2539-4991 |