Playing with Fire: International Criminal Law, Transitional Justice, and the Implementation of the Colombian Peace Agreement

René Urueña

doi:10.1017/aju.2017.13

Abstract

On November 30, 2016, after much uncertainty, the Colombian Congress finally approved a historic peace deal between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia (FARC), bringing to an end the country's fifty-year conflict. This peace deal was a historical achievement, and had important ramifications for international law, as discussed in a recent AJIL Unbound symposium. But once the spotlights were off, the government was faced with the daunting challenge of implementing the complex, lengthy accord. In particular, the government had to draw up and pass through Congress the legal and constitutional framework for the transitional justice process—a key component of the peace deal. It is there, in the subtle details of domestic criminal law, where the balance between peace and justice must be achieved.

Highlights

On November 30, 2016, after much uncertainty, the Colombian Congress approved a historic peace deal between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia (FARC), bringing to an end the country’s fifty-year conflict
Once the spotlights were off, the government was faced with the daunting challenge of implementing the complex, lengthy accord
The state seems to be drawing on the good will that the peace process generated among allied governments and international institutions to push the limits of international law

Summary

Introduction

On November 30, 2016, after much uncertainty, the Colombian Congress approved a historic peace deal between the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia (FARC), bringing to an end the country’s fifty-year conflict. The government had to draw up and pass through Congress the legal and constitutional framework for the transitional justice process—a key component of the peace deal It is there, in the subtle details of domestic criminal law, where the balance between peace and justice must be achieved. Code as affecting the constitutional order as a whole, and not a particular victim or group of victims; or, iii) were directed at supporting or financing the rebellion.[9] Importantly for the Colombian context, the FARC’s drug-trafficking may end up being included in the latter category, and subject to amnesty This point was intensely discussed in the renegotiation phase, but no agreement was reached, and the parties deferred this formidable problem to the Chamber.[10]. (2016). 2 Fuerzas Armadas Revolucionarias de Colombia, Ejército del Pueblo - FARC-EP & Gobierno de Colombia, Acuerdo Final Para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera, paras. 38, 30, 4 (Nov. 24, 2016). 3 Id. at para 23. 4 Law 1820 of 2016 art. 15 (Colom.). 5 Law 1820 of 2016 art. 19 (Colom.). 6 Tatiana Duque, La ley de amnistía se aplicará a medias (por ahora), LA SILLA VACÍA (Dec. 29, 2016). 7 For background on the Special Peace Jurisdiction, see Sanchez Leon, supra note 1. 8 Law 1820 of 2016 art. 21 (Colom.). 9 Id. 10 Peace Agreement 150

AJIL UNBOUND

The Constitution and Standards Applicable to State Agents