Selection and prioritization of cases in the Special Jurisdiction for Peace

Abstract

This article studies the process of implementation of case selection and prioritization strategies carried out by the Colombian Special Jurisdiction for Peace (SJP). The article first tracks the history of the discussion on the application of these mechanisms in the Colombian Peace Accord. Due to international and domestic factors, the Peace Accord only included a vague and contradictory language on the matter. Moreover, further regulations approved by Congress, and case law decided by the Colombian Constitutional Court, have not clarified the powers and the criteria the SPJ should use to select cases. Against this backdrop, the paper presents a novel framework that the SPJ could use to implement an effective case selection strategy that respects the internationally recognized rights of the victims of gross human rights violations.