The disputes for the Special Jurisdiction for Peace ( JEP): A critical reflection on its political and legal meaning

Abstract

This article aims to characterize the Special Jurisdiction for Peace ( JEP) in Colombia from a critical sociopolitical and sociolegal perspective. According to this approach, the field of transitional justice implies an intertwined relationship between politics and law. In consequence, the analysis of the JEP should comprehend the context, the discursive constructions, and the political disputes that frame it. The article is based on archival research methods that included academic references, institutional reports, news media information, and other documents on the matter. The first part of the article presents an account of the sociopolitical context that made possible designing the JEP. Subsequently, it describes the main political and legal disputes to transform the JEP. The article finally provides an analysis that highlights the contradiction between a selective retributivist approach, mainly sustained by those who have opposed the Peace Agreement, and a holistic perspective, led by those who have supported the advantages of a negotiated peace.