Search

Begin New Search Topic Criminal Justice Political Geography South America

11. Political Crime, Amnesties, and Pardons: Scope and Challenges

Author:
Fernando Travesi and Henry Rivera
Publication Date:
06-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
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.
Topic:
Armed Forces, Transitional Justice, Criminal Justice, Armed Conflict, and Amnesty
Political Geography:
Colombia and South America

12. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America

13. Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of Peace

Author:
Paul Seils
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace process, transforming the FARC from an insurgent group into a political actor. According to the paper, to meet policy objectives: 1) trials must be public, accessible, transparent, and serious; 2) punishment should include the possibility of offenders meeting with victims so that they can express their suffering; and 3) measures of punishment should include disagreeable consequences, such as financial penalties, asset seizure, temporary exclusion from political office, and community service orders, as well as reformative measures.
Topic:
Armed Forces, Transitional Justice, Criminal Justice, Accountability, and FARC
Political Geography:
Colombia and South America