A key challenge facing the Colombian peace process is how to secure peace while simultaneously
guaranteeing victims’ rights. In July 2012 the Colombian Congress adopted the Legal Framework
for Peace, a package of transitional justice mechanisms designed to facilitate negotiations,
prevent impunity for serious war-related crimes and provide guarantees to victims. Under the
Framework the principles of prioritisation and selection are to be applied to the bringing of criminal
proceedings, i.e. for deciding in which situations and according to which criteria some offences
may be prioritised over others and even whether criminal investigations might focus solely on
the main perpetrators of war-related crimes. This is the minimum threshold that should be
demanded of both the Colombian state (especially the armed forces) and the FARC Secretariat.
The Framework also makes provision for a truth commission to investigate the extremely serious
crimes committed in Colombia and leaves in the state’s hands a number of important instruments
that allow a flexible approach to be taken regarding the punishment of crimes committed by
armed actors. The granting of such benefits will be subject to those being demobilised making
significant contributions to achieving lasting peace and securing truth and reparation for victims