Resumen de Jakobs, il diritto penale del nemico e il "caso colombiano"
This article studies the several positions, ambiguities and explicit tensions in Günter Jakobs's thought about the "criminal law of the enemy". His first work on this topic, pioneer in the debate, was written in 1985 with a critical emphasis on this model of criminal law, a criminal law separated from rights and guarantees. Afterwards, with the paper presented in Berlin in 1990, his position changed in a fundamental way. In recent years, after the terrorist actions in the United States and Europe, prof. Jakobs radicalized his position, and today he is conceived as one of the greatest supporters of this authoritarian model of criminal law. In this article, the different Jacob's works are analysed objectively, avoiding commonplaces or non-scientific discussions, which tend to be merely politicized. Finally, the author analyses the Colombian case: whereas in other countries the subject is merely speculative, in Colombia the criminal law of the enemy is a daily reality.
