The functions of the criminal law and the transitional justice in the special jurisdiction for peace

Abstract

This article analyzes how the Criminal Law Institutions can help the Special Jurisdiction for Peace to fulfill the main objectives of the Transitional Justice i.e., to promote justice and accountability for human rights violations, contribute to strengthening the rule of law and reach reconciliation. In particular, this article studies three institutions that can allow the system to achieve this complex challenge: the conditionality regime, the special sanctions, and the system of most and less responsibility. These tools allow ex-combatants, Members of the public security, non-military state agents and civilians, to contribute to the truth and reparation of the victims, not to repeat their crimes, and to participate in the processes, under penalty of losing special criminal law treatments and even being ejected from the system.