TY - JOUR
T1 - Punishment in negotiated transitions
T2 - The case of the Colombian peace agreement with the FARC-EP
AU - Guzman, Lily Rueda
AU - Holá, Barbora
PY - 2019/1
Y1 - 2019/1
N2 - The peace agreement recently concluded between the Government of Colombia and the farc-ep not only marked a milestone in the history of Colombia and peace making; it also introduced an unprecedented penal measure: negotiated criminal punishment. This example demonstrates that criminal punishment can be moulded to accommodate the needs of a society undergoing a political transition triggered by a peace negotiation. In the 1990s Garland already pointed out that penal measures are shaped by their social and historical context, and also affect their social environment. Based mainly on a sociological perspective on punishment, this article analyses the relationship between the punishment negotiated in the recent peace talks with the FARC-EP and the Colombian government's trying to come to terms with atrocities committed during the armed conflict. Based on the Colombian experience, this article also outlines contextual factors, which shape how punishment is negotiated in the context of peace agreements.
AB - The peace agreement recently concluded between the Government of Colombia and the farc-ep not only marked a milestone in the history of Colombia and peace making; it also introduced an unprecedented penal measure: negotiated criminal punishment. This example demonstrates that criminal punishment can be moulded to accommodate the needs of a society undergoing a political transition triggered by a peace negotiation. In the 1990s Garland already pointed out that penal measures are shaped by their social and historical context, and also affect their social environment. Based mainly on a sociological perspective on punishment, this article analyses the relationship between the punishment negotiated in the recent peace talks with the FARC-EP and the Colombian government's trying to come to terms with atrocities committed during the armed conflict. Based on the Colombian experience, this article also outlines contextual factors, which shape how punishment is negotiated in the context of peace agreements.
KW - Colombia
KW - Fuerzas Armadas Revolucionarias de Colombia (FARC-EP)
KW - Peace negotiation
KW - Political transition
KW - Punishment in transition
KW - Sociology of punishment
UR - http://www.scopus.com/inward/record.url?scp=85060998683&partnerID=8YFLogxK
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UR - https://www.mendeley.com/catalogue/57ceef83-fc41-3bc5-8221-7b3fd722ab00/
U2 - 10.1163/15718123-01901006
DO - 10.1163/15718123-01901006
M3 - Article
AN - SCOPUS:85060998683
SN - 1567-536X
VL - 19
SP - 127
EP - 159
JO - International Criminal Law Review
JF - International Criminal Law Review
IS - 1
ER -
