Publicación: El delito de genocidio político en la Legislación Penal Colombiana
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Genocide is an internationally recognized crime, created by the United Nations General Assembly (1946) in resolution 96 (I) of December 11, 1946, and adopted by it, under resolution 260 A (III) of December 9. December 1948, in order to protect the right to the existence of human groups, and prevent and punish acts perpetrated with the intention of totally or partially destroying a group due to its national, ethnic, racial and religious conditions in the world; However, the typical structure adopted by international legislation has been widely questioned, because it does not consider political groups as the passive subject of the crime, because they are considered unstable groups that are not easily identifiable and that can be understood as a national group. This research deals with the legal analysis and the historical contexts that the Colombian legislator took into account when including political groups as a passive subject of the crime in the criminal type of genocide, enshrined in the Penal Code (Law 599 of 2000), in contrary to the international legislation that discarded it, and to establish whether the inclusion of political genocide in Colombian criminal legislation is unconstitutional in light of the Political Constitution and the constitutionality block for contravening the International Treaties and Conventions on Human Rights ratified by Colombia.