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Gender-Based Crimes and the Colombian Special Jurisdiction for Peace

by Caroline Davidson

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Abstract

The Special Jurisdiction for Peace ("JEP"), created as part of Colombia's historic 2016 Peace Agreement, has been hailed as a novel, restorative justice-oriented mechanism for addressing gross human rights violations at the domestic level. Commentators point to the JEP as a potential model for other jurisdictions looking to address mass atrocities. The success or failure of this model hinges on the JEP's ability to effectively address an issue of great concern to the International Criminal Court as well as to Colombian civil society: gender-based crimes. This Article is the first to examine comprehensively the JEP's progress on this vital issue, more than halfway through its ten-year mandate.

Based on months of research in Colombia, this Article explores key developments related to gender-based crimes at the JEP and the various forces promoting and complicating the pursuit of justice for victims of sexual and gender-based violence in Colombia. It derives some lessons for other jurisdictions considering the Colombian model, in particular: the importance of clarity on the investigative mandate of the court, particularly for historically under-investigated crimes like gender-based ones; an analysis of the benefits and challenges of the restorative justice approach in the context of gendered violence; and the need for caution in the use of "macrocriminal patterns."

Gender-Based Crimes and the Colombian Special Jurisdiction for Peace

by Caroline Davidson

Click here for a PDF file of this article

Abstract

The Special Jurisdiction for Peace ("JEP"), created as part of Colombia's historic 2016 Peace Agreement, has been hailed as a novel, restorative justice-oriented mechanism for addressing gross human rights violations at the domestic level. Commentators point to the JEP as a potential model for other jurisdictions looking to address mass atrocities. The success or failure of this model hinges on the JEP's ability to effectively address an issue of great concern to the International Criminal Court as well as to Colombian civil society: gender-based crimes. This Article is the first to examine comprehensively the JEP's progress on this vital issue, more than halfway through its ten-year mandate.

Based on months of research in Colombia, this Article explores key developments related to gender-based crimes at the JEP and the various forces promoting and complicating the pursuit of justice for victims of sexual and gender-based violence in Colombia. It derives some lessons for other jurisdictions considering the Colombian model, in particular: the importance of clarity on the investigative mandate of the court, particularly for historically under-investigated crimes like gender-based ones; an analysis of the benefits and challenges of the restorative justice approach in the context of gendered violence; and the need for caution in the use of "macrocriminal patterns."