The 2016 report of the Office of the High Commissioner for Human Rights in Colombia warns of the restrictions, gaps and ambiguities of the Amnesty Law and of the JEP regarding public officials. It calls for recognition of state crimes. Colombia Plural
One of the most anticipated debates in Congress, discussing the creation of the Special Peace Jurisdiction (JEP), the key point of the peace agreement with FARC, sparked tough disagreements on Wednesday that reached the point of turning into a fist fight.
Discussion of the project commenced on Tuesday during the plenary session, but faced massive hurdles which forced a suspension of the discussion, and although a subcommittee report was submitted requesting that all the requests be denied, it was rejected and each point had to be taken one by one.
That's where the inconveniences started, because the attendance of the senators kept decreasing to the point that the quorum did not exceed the required 60 senators. El Colombiano
When I moved from the Criminal Chamber of the Medellin Tribunal to the Chamber for Justice and Peace, I had a very different vision of paramilitarism. I held to the idea that this phenomenon was dysfunctional to the State, to the political regime. And yet when I came here to the Chamber for Justice and Peace, I discovered that there were very close links between those armed groups and the public authorities, that is the State. We have stated this in several judgments, based on an analysis of the evidence. PACIFISTA!
The debate on the so-called "responsibility of command" (RdM) in the constitutional reform that incorporates the "special peace jurisdiction" (JEP) into Colombian jurisprudence has been very difficult for at least three reasons: (i) Because if we do not solve it properly we run the risk of affecting the legitimacy and legal security of the peace agreement; (Ii) it is legally complex and can make it boring and difficult for many to understand; and (iii) has been unduly polarized because retired officers, especially ACORE (Associate of Retired Colombian Officers), have wrongly stated that those who argue that the regulation of RdM in JEP must respect international law is part of a conspiracy of leftists, who receive money so that the high military commands are judged more severely than the guerrillas; even that they are judged "in the most violent manner."
JEP adequately applying this RdM (Responsibility of command), both to the guerrilla fighters and to agents of the state is fundamental not only to avoid the impunity of those who have incurred this responsibility, but also to give a solid legal foundation to the peace process due to the obligations that Colombia has in terms of international law and that would allow eventual interventions by the ICC, should Colombia not comply with them. Rodrigo Uprimny, La Silla Vacía