THE PENAL SANCTION IN THE COLOMBIAN PEACE AGREEMENT WITH THE FARC-EP AND THE INTERNATIONAL STANDARD OF PROPORTIONALITY OF PUNISHMENT

The Government of Colombia signed a Peace Agreement with the FARC EP. A problem lies in the fact that the penalties to punish the culprits of international crimes supposedly are not compatible with the proportionality standard of the sanction provided in the Rome Statute. An issue that has prevented reaching a consensus to allow the implementation of the Peace Agreement in Colombia. The Deal contemplates sanctions called “effective restriction of freedom and rights,” between five and eight years for those who have reveal the truth. The paper shows that, the Peace Agreement obeys the standard of proportionality, due to its abstract nature, and it allows that the State on the exercise of its sovereignty, acquires a margin to define specific types of penalties to punish the culprits of international crimes. A mixture among retributive, restorative and reparative measures is a proportional way to sanction, as long as it is conditioned to the recognition of truth and liability.