Between the Scales and the Clock: A Study on the Challenges of the JEP Regarding the Definition of the Legal Situation of Non–Most-Responsible Individuals, in Contrast with the Principle of Strict Temporality.

This descriptive essay seeks to delve into a particular scenario: the jurisdiction of the Chamber for the Definition of Legal Situations (Sala de Definición de Situaciones Jurídicas, SDSJ) as the guarantor of the new stage of the Special Jurisdiction for Peace (JEP) with respect to those participants who were not designated as most responsible but who wish to resolve their situation before the justice system individually; all of this while the principle of strict temporality delineates the scope of its actions.

The Special Jurisdiction for Peace is in a referral phase based on negative selection, which means that those participants not selected as most responsible are referred to the Chamber for the Definition of Legal Situations—hereinafter, the SDSJ—so that their situation may be resolved individually at this instance. This implies that more than 80% of the JEP’s current universe of appearing parties will be handled by this Chamber.

To explore this scenario in depth, three main aspects will be addressed. First, an overview of the case law that sets out the conditions and pathways for resolving the legal situation of mid- and lower-ranking actors (exclusion, adversarial route, and waiver of criminal prosecution) and the legal implications of each. Second, an analysis of the strategies currently pursued by the SDSJ to meet the objectives proposed by the Jurisdiction within the defined timeframe, and whether this may, in some way, curtail victims’ expectations regarding their claims. Third, an assessment of the feasibility of individually analyzing such a high number of responsible parties in transitional-justice settings.

The essay will seek to take a critical look at the JEP’s approach to contributions to truth and acknowledgments of responsibility in cases involving mid- and lower-ranking actors, and whether this approach can be replicated in other contexts.