Command Responsibility as an Autonomous Mode of Attribution in International Criminal Law: Historical Evolution and Reception in Colombia
Abstract
The present paper aims to provide a conceptual approach to command responsibility in light of international criminal law, tracing its development from the Yamashita case to its application in the decisions issued by Colombia’s Special Jurisdiction for Peace (JEP), a tribunal created as a result of the peace agreement between the Colombian State and the FARC-EP guerrilla. Through a historical and legal analysis, it highlights the evolution of this figure from the post-war trials to its codification in the Rome Statute, and particularly within the Colombian context, where the Constitutional Court–through the interpretation of the constitutional block–has shaped the understanding of command responsibility. This has revealed significant tensions between criminal liability and transitional justice in the pursuit of truth, justice, and guarantees of non-repetition. The paper concludes that a balanced application of Article 28 of the Rome Statute is essential to ensure effective transitional justice without undermining the principles of culpability and legality.
Received: 25 October 2025
Accepted: 2 February 2026
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Last update: 08/02/2022
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