Between Impunity and Justice? Exploring Stakeholders' Perceptions of Colombia's Special Sanctions (Sanciones Propias) for International Crimes

Beatriz E. Mayans-Hermida*, Barbora Holá, Catrien Bijleveld

*Corresponding author for this work

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

The peace agreement signed by the Colombian government and the FARC has an innovative sanctioning regime which, based on a restorative approach, offers non-custodial sanctions as a less punitive form of punishment for international crimes. However, given their leniency, these 'special sanctions' have caused controversy. Based on qualitative interviews, this study explores the perceptions of different stakeholders concerning various issues related to the special sanctions' nature, goals, processes, (envisioned) outcomes and challenges. Our findings reveal that most participants perceive these sanctions as a tool that can modestly help repair the damage done, reintegrate (certain) offenders into society, and promote coexistence. Only a limited number of respondents saw these sanctions as punishment. For several participants, the special sanctions may be an alternative accountability measure to prison. However, this seems to depend on meeting certain preconditions, victims' participation, the type of crime and the offender's rank and affiliation.

Original languageEnglish
Pages (from-to)192-211
Number of pages20
JournalInternational Journal of Transitional Justice
Volume17
Issue number2
Early online date19 May 2023
DOIs
Publication statusPublished - Jul 2023

Bibliographical note

Publisher Copyright:
© The Author(s) 2023. Published by Oxford University Press.

Funding

The authors are very grateful to all the interviewees for participating in the study. We would like to thank those people who helped us contact participants, and Diana Bociga and Frans van der Blom for their work as research assistants on the study. This research was funded by the Dutch Research Council (NWO), grant number 406-15-255. Part of the data collection and analysis was done thanks to the subsidy awarded by the Nederlandse Vereniging voor Kriminologie. This research was funded by the Dutch Research Council (NWO), grant number 406-15-255. Part of the data collection and analysis was done thanks to the subsidy awarded by the Nederlandse Vereniging voor Kriminologie.

FundersFunder number
Nederlandse Vereniging voor Kriminologie
Nederlandse Organisatie voor Wetenschappelijk Onderzoek406-15-255

    Keywords

    • Alternative sanctions
    • punishment
    • reparations
    • restorative justice
    • transitional justice

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