Colombia transitional justice mechanisms face scrutiny over peace and impunity

Colombia’s transitional justice mechanisms face ongoing debate regarding the balance between achieving peace and ensuring justice for victims. The country has utilized two distinct frameworks to address armed conflict: the 2005 Justice and Peace Law and the more recent Special Jurisdiction for Peace (JEP).

The Justice and Peace Law, enacted during the administration of Álvaro Uribe, focused on the demobilization of paramilitary groups such as the United Self-Defense Forces of Colombia (AUC). While it provided alternative sentences for those who cooperated, the process was marked by controversy, including the 2008 extradition of 14 paramilitary leaders to the United States.

In contrast, the JEP emerged from the 2016 peace agreement with the FARC. It handles crimes committed before December 1, 2016, involving former FARC members, members of the Public Forces, and other participants. Current data from the JEP shows 432 indictments, a responsibility recognition rate of 91.76%, and 16,097 accredited individual victims. The JEP utilizes a tiered sanction system ranging from liberty restrictions to ordinary prison sentences for the most serious offenses committed without cooperation.