Colombia's Victims Law and the Liability of Corporations for Human Rights Violations Consultoría para los Derechos y el Desplazamiento –CODHES, Colombia
Artículo académico
Visión General
Visión General
Abstracto
AbstrAct In 2011, after four years of lobbying and political wran-gling, Colombia approved Law 1448, commonly known as the Victims Law. Its aims are broad: to be the com-prehensive body of law to address civilian population claims related to the armed conflict, and therefore to include the necessary legal reforms to restore the rule of law through the enforcement of victims' rights. Currently, government, civil society and scholars are focused on the major issues of the Law, specifically land restitution and assistance for victims. However, this new body of Law, with its 208 provisions, is broader than that, and a close review of its articles is urgently needed. One little-studied and apparently forgotten provision is Article 46, which appears to put in place a specific directive to enhance the prosecution of juridical persons for violations of human rights and international humanitarian law in the context of the Colombian armed conflict. However, a thorough analysis of its wording and history reveals that Article 46 is incapable of establishing links between businesses and human rights and humanitarian law violations in Colombia. This article specifically exam-
