The Peace Agreement and its Legal Framework Against the Constitutional Substitution Test and International Humanitarian Law

Abstract

Due to the beginning of peace negotiations between the Colombian government and the FARC-EP, the Congress of the Republic adopted a series of constitutional measures to guarantee the effectiveness and compliance of the agreements. The measures consist of reformatory acts of the Constitution to grant more legal security. Based on the substitution theory applied by the Constitutional Court, this paper exposes how the rules of international humanitarian law have been the essential nucleus for the constitutionality examination, as well as fundamental interpretive pieces for the legal framework adaptation of the Agreement to the Constitution, without replacing fundamental and defining elements of the Political Constitution.