Constitución en Inglés

351 Corte Constitucional de Colombia - The author’s ability to commit the act, i.e., that because of the armed conflict the perpetrator has acquired the major skills to commit the act. - The author’s decision to commit the act, i.e., the individual’s resolution or disposition to commit it. - The manner in which the act was committed, i.e., that as a result of the armed conflict the perpetrator of the act had the means to commit the act. - The selection of the objective that the perpetrator intended to achieve by executing the offense. Responsibility of Commanders Todetermine the responsibilityof commanders, the Special Jurisdiction for Peace will enforce, in the case of themembers of the public force, the Colombian Penal Code, International Humanitarian Law as special law, and the public force’s operational rules in relation with International Humanitarian Law, as long as they are not contrary to legal normativity. The determination of commanders’ responsibility may not be based exclusively on rank, hierarchy, or scope of jurisdiction. The responsibility of public force members for their subordinates’ acts must be based on effective control over the act, knowledge that was available previously, during, or after the act was carried out, and the means at their disposal to prevent the punishable act from being committed or continued, as long as and whenever factual conditions allow it, and if it occurred, to proceed with the proper investigations. Military and police officers will be understood to have effective command and control over their subordinates’ acts when the following concurrent conditions are met: TRANSITIONAL ARTICLE 24