Conclusion: Classifying the Colombian Case with a View to Different Transitional Justice Scenarios

Abstract

Among the five scenarios of transitional justice developed elsewhere, the Colombian case can be located in the fourth group of “measures that do not amount to full exemptions of criminal responsibility”, since Law 975 does not completely extinguish the punishment, but only grants a considerable reduction of the sentence. As shown before, such measures comply with the requisites of Art. 17(1) (b) ICC Statute. As to the Justice and Peace procedure it has already been demonstrated (supra Sect. 5.2.2.2) that both the investigation/prosecution and trial requirements are also complied with since they are all provided for by Law 975. Additionally, as expressed by the Constitutional Court, the judicial benefits granted by Law 975 depend on the cooperation (full confession) by the respective member of the irregular armed group and the subsequent verification of this confession by the investigators of the UJP. If he does not cooperate fully he may be subjected to an ordinary criminal process.