Military criminal jurisdiction: an international comparison

Abstract

The Colombian Armed Forces may be the only ones in world history that have endured the abolition of military jurisdiction in the midst of an armed confrontation. Rescuing this privilege is one of the urgencies of the moment, since it has become a crucial issue for our national security. The Public Force currently suffers from an absolutely unconstitutional situation, since, even though our Political Constitution in its Article 221 clearly establishes that all crimes committed by military personnel in active service and in the performance of their duties shall be heard and judged by military courts, nevertheless, at present, all accusations against uniformed personnel are heard ex officio and in the first instance by prosecutors and judges. This ordinary jurisdiction generates among the troops an immense and insurmountable distrust because, in many cases, these prosecutors and judges have demonstrated that they do not have the impartiality, objectivity or knowledge necessary to impart justice.