Political Crime, Amnesties, and Pardons: Scope and Challenges

ALCANCE Y CONTENIDO

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest Amnesty possible and pardons as part of the treatment of the different crimes committed in the framework of more than fifty years of armed conflict. The paper offers some considerations that may contribute to the conceptualization and development of the future amnesty law and, therefore, to the effective implementation of the Special Jurisdiction for Peace. The ICTJ proposes in this document a series of approaches for the legal and normative characterization of the crimes committed in the framework of the armed conflict, in order to establish which crimes could be subject to amnesty or Pardon.