IUSTITIA

Editorial

César Augusto Romero Molina — Wed, 03 Dec 2025 00:00:00 -0500

Dynamics of armed conflict within the framework of the victims law

Lina María Fonseca Ortiz, Ángela Milena Fontecha Bello — Wed, 03 Dec 2025 00:00:00 -0500

The rights to truth, justice, reparation, and guarantees of non-repetition are pillars upon which a peaceful Colombia will be built. However, the real experience of each of these foundations can only be achieved through the recognition of the existence of a violating event, namely, the internal armed conflict, which generates transgressions of international humanitarian law; facilitates the identification of vulnerable subjects; understands the reasons that preceded the transgressive act, and recognizes the responsibility of those who, by action or omission, allowed the occurrence of the event. In this sense, the victims' law has represented a positive change in the understanding of the armed conflict and its dynamics by focusing on the attention to the victim and their characterization; setting aside the predominant focus that was given to the transgressor and bringing with it the need to recognize the duty that the Colombian State has to fulfill the purposes of reparation, administering justice, and ensuring that the history of Colombia is not rewritten with the pain, blood, and tears of the victims.

Validez de las cláusulas de terminación por conveniencia en los contratos mercantiles en masa

Joaquim Goncalves Do Espirito Santo — Wed, 03 Dec 2025 00:00:00 -0500

Unilateral termination for convenience is a fundamental contractual mechanism in contemporary commercial law, particularly in mass contracts, where operational flexibility is essential to respond to market dynamics. This article examines the validity and necessity of such clauses, referencing a landmark case in Spain: the legal dispute between Opel España S.L.U. and Orma Mail S.L., in which the Provincial Court of Zaragoza upheld the legitimacy of termination-for-convenience clauses in standard commercial contracts, also known as mass contracts. The article outlines how these clauses reflect the principle of contractual freedom, ensure continuity of production in highly complex markets, and minimize the transactional costs associated with individual negotiations. Furthermore, it explores the applicability of these principles to Colombian law, given the similarities between the legal frameworks of both jurisdictions. This analysis provides a critical perspective on the importance of termination-for-convenience clauses as tools for business flexibility and economic stability in contemporary commercial contracting.

Gender approach to expiration in reparations for workplace harassment and sexual violence

Jesús David Vega Millán — Wed, 03 Dec 2025 00:00:00 -0500

The gender approach requires a rigorous analysis of legitimacy, validity, and effectiveness, using the constitutionality block and the inclusion of public international law norms as hermeneutical tools. This approach seeks to realize equity, based on the principle of equal treatment among equals and unequal treatment among unequals. This lays the necessary foundation for analyzing the objective and subjective elements of workplace harassment and sexual violence. It is essential to identify the need to make the statute of limitations more flexible in order to achieve direct redress, especially after a disciplinary or criminal ruling that establishes the evidentiary basis for sexual violence or workplace harassment. The inclusion of international norms allows for a broader and fairer interpretation, ensuring that victims receive the appropriate treatment and justice they deserve. This approach not only promotes equity but also strengthens the protection of human rights, ensuring that victims of workplace harassment and sexual violence have access to effective redress mechanisms. This contributes to building a more just and equitable society for men and women, where the rights of all individuals are respected and protected.

Bureaucratic limitations in passive telecommunications infrastructure in Metropolitan Lima

Magali Merino Ascarrunz — Wed, 03 Dec 2025 00:00:00 -0500

In the Peruvian context, telecommunications are a key component for social and economic progress. Despite this, in Metropolitan Lima, local regulations and administrative procedures have hindered the expansion of this infrastructure by imposing additional conditions stipulated in Law 29022. In this sense, the aim is to identify and analyze the main bureaucratic barriers affecting the sector in San Borja, Ancón, Lince, Jesús María, and Metropolitan Lima. To achieve this, a qualitative approach was used, and the documentary analysis technique was applied to the resolutions issued by the Specialized Chamber on Bureaucratic Barriers during the period 2021-2024. The results highlight, on the one hand, that the identified bureaucratic barriers contravene the national legal framework, specifically Law No. 29022, by imposing additional requirements that disregard the automatic approval regime and administrative simplification; on the other hand, local governments exceed the competences assigned by law and intervene in areas reserved for other institutions. In conclusion, it can be stated that the bureaucratic barriers established by municipal authorities in Metropolitan Lima between 2021 and 2024 have hindered the implementation of passive telecommunications infrastructure. Therefore, it is recommended that local governments eliminate any additional administrative requirements beyond those established in Law No. 29022 and restrict their actions to avoid exceeding their competences in contradiction to the national legal framework.

Scope of fiscal responsibility under Law 610 of 2000: Study of the expressions 'on the occasion of' and 'by contribution'

José Ángel Martínez Castro — Wed, 03 Dec 2025 00:00:00 -0500

This article examines the scope of fiscal responsibility under Law 610 of 2000 in Colombia, focusing on the expressions "on the occasion of" and "by contribution" and their impact on determining the responsibility of public officials and private individuals in managing state resources. Law 610 establishes an administrative procedure to investigate and sanction damage to public assets, distinguishing it from criminal and disciplinary sanctions. The study addresses the definition of damage, dolo or negligence in conduct, and the causal link, as well as the criteria set by the Corte Constitucional and Consejo de Estado for applying these figures. Through concrete cases, it illustrates how fiscal responsibility is not limited only to those directly managing resources but also to those who, through action or omission, contribute to the detriment of public funds. This analysis highlights the importance of a clear regulatory framework to ensure transparency and efficiency in public administration.

University educational leadership: Ethical implications and shared intentions from the university as an institution

Samuel Forero Buitrago — Wed, 03 Dec 2025 00:00:00 -0500

This research compares some important components of current reflection on university educational leadership with Alfonso Borrero Cabal's work "The University." In this correspondence, we can highlight some important ethical criteria and features and practical intentions of organizational functioning that are valid and current in the administrative process of higher education. It leads to the need to understand a series of contextual elements related to university culture, academic and technological challenges, and educational quality, embedded in the institution's vocation of service to society. The various tensions and relational environments originating within the university enterprise highlight the capacity for leadership that generates a synergy of the different internal forces of university knowledge, directly impacting relevance, knowledge, research, and labor demand within its inclusive and democratic sphere of action.