Abstract
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.
| Original language | English |
|---|---|
| Pages (from-to) | 127-159 |
| Number of pages | 33 |
| Journal | International Criminal Law Review |
| Volume | 19 |
| Issue number | 1 |
| Early online date | 30 Jan 2019 |
| DOIs | |
| Publication status | Published - Jan 2019 |
Funding
1 This research was funded by The Netherlands Organization for Scientific Research (nwo) Grant Number 406-15-255. Juan Manuel Santos and Timoleón Jimenez, Agreement for End-ing the Conflict and Building a Stable and Lasting, <www.altocomisionadoparalapaz.gov.co/ procesos-y-conversaciones/Documentos%20compartidos/24-11-2016NuevoAcuerdoFinal .pdf>, accessed 31 October 2018.
| Funders | Funder number |
|---|---|
| Netherlands Organization for Scientific Research | |
| Nederlandse Organisatie voor Wetenschappelijk Onderzoek | 406-15-255 |
Keywords
- Colombia
- Fuerzas Armadas Revolucionarias de Colombia (FARC-EP)
- Peace negotiation
- Political transition
- Punishment in transition
- Sociology of punishment
