Judge Roberto Carlos Vidal López is a Lawyer and Professor at the Pontificia Universidad Javeriana in Bogotá, where he gained a PhD in law. Since 1997 he has been a Professor and Expert Researcher there on human rights, international humanitarian law (IHL), forced migration and internal displacement. He has also studied history.

In addition to his work as a Professor, Judge Vidal López has been a Lecturer at the Universidad del Rosario and a Visiting Researcher at the University of Essex in the United Kingdom. He has worked for the Ideas for Peace Foundation, the United Nations in Colombia, the International Association for the Study of Forced Migration, the University Network for Peace, the Ombudsman’s Office of Colombia and the Brookings Institution, a major Washington-based think tank. He has also produced thirty publications, including Truth-Telling and Internal Displacement in Colombia (2012), The Participation of Internally Displaced People in Peace Processes in Colombia (2007) and Derecho global y desplazamiento interno: Creación, uso y desaparición del desplazamiento forzado por la violencia en el derecho contemporáneo (2007).

Drafters of international humanitarian law (IHL) treaties clearly envisaged a role for military justice systems in the implementation and enforcement of these treaties. Nevertheless, the adequacy of military jurisdiction over violations of international law is being questioned in certain spheres. In the context of these debates this article considers the domestic rationale for military justice systems and explores the role and limits of military jurisdiction in combating impunity for violations of IHL. In focusing on the need to effectively repress and suppress all violations of IHL, the article addresses the extent to which some sort of military justice may be necessary for the effective enforcement of certain provisions. It also explores the way in which increased scrutiny of the impact of these justice systems on the rights of individuals has led to restrictions on the format and scope of military jurisdiction. Although there are difficulties in internationalising the discussion on military jurisdiction because of differences in domestic legal traditions, the choice of effective IHL enforcement mechanisms, which includes the choice of military or civilian jurisdiction, is key in combating impunity for violations of this body of law and protecting the rights of those involved.

States must investigate possible violations of international humanitarian law in armed conflict, and many States use military procedures for all or part of the investigation process. Particular tensions can arise with regard to the perception of justice in the context of military judicial procedures, especially surrounding questions of independence and impartiality. This article lays out the international legal framework which should be used to solve these challenges, arguing that a State must address both the specificities of military institutions and the need for a perception of justice by the affected communities in considering the proper administration of justice in armed conflict.