Peace, Transitional Justice, and the Purposes of Punishment: An Analysis of Colombia’s Final Peace Agreement

On November 24, 2016, the “Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace” was signed in Bogota by the Colombian government and FARC-EP (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo) guerrillas. This Final Agreement created...

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Bibliographic Details
Published in:The International journal of interdisciplinary social and community studies (Print) 2021, Vol.17 (1), p.51-68
Main Author: Calle-Meza, Melba-Luz
Format: Article
Language:English
Subjects:
Agreements
Conflict
Criminal justice
Criminal law
Criminal sentences
Debates
Human rights
International law
Jurisdiction
Legislation
Peace
Punishment
Sanctions
Termination
Transitional justice
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Summary:On November 24, 2016, the “Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace” was signed in Bogota by the Colombian government and FARC-EP (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo) guerrillas. This Final Agreement created an SPJ or a Special Peace Jurisdiction (JEP, Spanish acronym), and a transitional justice system that privileges restoration over traditional retribution. It also established the sanctions that can be imposed on those responsible for crimes committed in the context of the Colombian armed conflict; however, the fact that these do not necessarily involve a prison sentence has given rise to an open social and political debate. This article analyzes the traditional conception and purposes of punishment in criminal law in order to establish the differences between them and the Colombian transitional justice system’s sanctions and their purposes. It is concluded that the Colombian model transcends the limits of retributive criminal law and has been developed by legislation that respects the Constitution and the standards of international law and human rights while contributing to the achievement of peace with justice in Colombia.
ISSN:2324-7576
2324-7584
DOI:10.18848/2324-7576/CGP/v17i01/51-68