Las ejecuciones extrajudiciales, sumarias o arbitrarias según el Derecho InternacionalEstudio general a partir de la reciente experiencia colombiana

Abstract

The extrajudicial, summary and arbitrary executions are the practice that consists of arbitrarily depriving the right to life; which are recognized in International Law despite the absence of an international instrument that regulates them, which makes it necessary to determine what their legal situation, for this reason the general objective of this doctoral thesis is to examine in a complete and structural way all the legal dimensions of extrajudicial, summary and arbitrary executions from International Law, although taking into account as a special reference the legal situation of extrajudicial executions in Colombia. With this purpose, and with this doctoral thesis entitled "Extrajudicial, summary or arbitrary executions according to International Law: General study from the recent Colombian experience", this investigation was developed, which adds to the long process of legal evolution of this figure criminal, constituting one of the most serious violations of human rights and the worst crimes under international law, which is at the level of forced disappearance of persons, torture, and genocide, considered individually, or as potential behavior of crimes against humanity and war crimes. This reality led to the fact that in 1982 the Economic and Social Council initially established the thematic mandate of the Special Rapporteur on summary or arbitrary executions, as the highest expert to study issues related to summary or arbitrary executions, a mandate that was refined, by extending itself as protection of the right to life and violations of this right in all circumstances, i.e. in times of peace or war...