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The Macro-Criminality Approach in the Justice and Peace Process: Lessons for the Special Jurisdiction for Peace
This report analyzes the macro-criminality approach that was taken in Colombia’s Justice and Peace process and draws key lessons for the Special Jurisdiction for Peace. It examines how Law 1592 of 2012 and other regulatory instruments sought to move beyond a case-by-case method, prioritize those most responsible, and identify criminal patterns, although conceptual and implementation challenges limited the approach’s overall impact.
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The report explores both the normative and practical efforts to introduce a macro-criminality perspective in the Justice and Peace process, particularly after the reforms that were introduced by Law 1592 of 2012. This approach aimed to shift the logic of criminal investigation from individual cases to the analysis of system crimes by identifying patterns of macro-criminality and levels of responsibility within criminal structures.
It provides a detailed analysis of how these concepts were implemented by the Office of the Attorney General and the courts and evaluates the effects of multiple normative tools, including Directive 0001 of 2012, Memorandum 033 of 2013, and Decree 3011 of 2013. The efforts led to some improvements, such as the use of anticipated verdicts and increased procedural efficiency. However, the report also highlights challenges, including conceptual ambiguity, normative incoherence, and limited application of prioritization criteria.
The report concludes that, although the regulatory design sought to address the complexity of criminality in relation to the armed conflict, its implementation was partial and excluded key actors, such as civilian collaborators and financiers. It also emphasizes that the overarching legal frameworks were often contradictory or overly technical, reducing the approach’s operational utility. Nevertheless, the lessons learned are highly relevant for the Special Jurisdiction for Peace, which faces similar challenges regarding case prioritization and the adoption of a strategic approach to investigating widespread and systematic crimes.
