Transitional Justice In Colombia

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Truth, Justice and Reconciliation in Colombia

Author : Fabio Andres Diaz Pabon
Publisher : Routledge
Page : 270 pages
File Size : 49,6 Mb
Release : 2018-05-11
Category : Political Science
ISBN : 9781351373685

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Truth, Justice and Reconciliation in Colombia by Fabio Andres Diaz Pabon Pdf

The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.

Transitional Justice in Colombia

Author : Kai Ambos,Stefan Peters
Publisher : Unknown
Page : 248 pages
File Size : 55,8 Mb
Release : 2024-06-17
Category : Electronic
ISBN : 3748923538

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Transitional Justice in Colombia by Kai Ambos,Stefan Peters Pdf

The Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, JEP) is the judicial centrepiece of the country’s national Transitional Justice system. At the same time, the JEP is also at the centre of public controversies surrounding the Colombian peace process and is facing a series of legal and political challenges in its daily work. In this sense, the JEP generates a continuous need for consultation, discussion and research. The articles in this volume aim to contribute to a better understanding of the JEP and to identify further necessary research avenues on this topic. At the same time, we hope to contribute to the still limited research on the Colombian peace process and the JEP in the English language.

The Role of Transitional Justice in the Midst of Ongoing Armed Conflicts

Author : Rosario Figari Layús
Publisher : Universitätsverlag Potsdam
Page : 116 pages
File Size : 43,6 Mb
Release : 2010
Category : Law
ISBN : 9783869560632

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The Role of Transitional Justice in the Midst of Ongoing Armed Conflicts by Rosario Figari Layús Pdf

Between 2002 and 2006 the Colombian government of Álvaro Uribe counted with great international support to hand a demobilization process of right-wing paramilitary groups, along with the implementation of transitional justice policies such as penal prosecutions and the creation of a National Commission for Reparation and Reconciliation (NCRR) to address justice, truth and reparation for victims of paramilitary violence. The demobilization process began when in 2002 the United Self Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC) agreed to participate in a government-sponsored demobilization process. Paramilitary groups were responsible for the vast majority of human rights violations for a period of over 30 years. The government designed a special legal framework that envisaged great leniency for paramilitaries who committed serious crimes and reparations for victims of paramilitary violence. More than 30,000 paramilitaries have demobilized under this process between January 2003 and August 2006. Law 975, also known as the “Justice and Peace Law”, and Decree 128 have served as the legal framework for the demobilization and prosecutions of paramilitaries. It has offered the prospect of reduced sentences to demobilized paramilitaries who committed crimes against humanity in exchange for full confessions of crimes, restitution for illegally obtained assets, the release of child soldiers, the release of kidnapped victims and has also provided reparations for victims of paramilitary violence. The Colombian demobilization process presents an atypical case of transitional justice. Many observers have even questioned whether Colombia can be considered a case of transitional justice. Transitional justice measures are often taken up after the change of an authoritarian regime or at a post-conflict stage. However, the particularity of the Colombian case is that transitional justice policies were introduced while the conflict still raged. In this sense, the Colombian case expresses one of the key elements to be addressed which is the tension between offering incentives to perpetrators to disarm and demobilize to prevent future crimes and providing an adequate response to the human rights violations perpetrated throughout the course of an internal conflict. In particular, disarmament, demobilization and reintegration processes require a fine balance between the immunity guarantees offered to ex-combatants and the sought of accountability for their crimes. International law provides the legal framework defining the rights to justice, truth and reparations for victims and the corresponding obligations of the State, but the peace negotiations and conflicted political structures do not always allow for the fulfillment of those rights. Thus, the aim of this article is to analyze what kind of transition may be occurring in Colombia by focusing on the role that transitional justice mechanisms may play in political negotiations between the Colombian government and paramilitary groups. In particular, it seeks to address to what extent such processes contribute to or hinder the achievement of the balance between peacebuilding and accountability, and thus facilitate a real transitional process.

Negotiating Transitional Justice

Author : Mark Freeman,Iván Orozco
Publisher : Cambridge University Press
Page : 267 pages
File Size : 49,8 Mb
Release : 2020-01-16
Category : History
ISBN : 9781107187566

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Negotiating Transitional Justice by Mark Freeman,Iván Orozco Pdf

An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.

Managing Testimony and Administrating Victims

Author : Juan Pablo Aranguren Romero
Publisher : Springer
Page : 130 pages
File Size : 54,9 Mb
Release : 2016-11-23
Category : Political Science
ISBN : 9783319458953

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Managing Testimony and Administrating Victims by Juan Pablo Aranguren Romero Pdf

This book analyzes the implementation of Law 975 in Colombia, known as the Justice and Peace Law, and proposes a critical view of the transitional scenario in Colombia from 2005 onwards. The author analyzes three aspects of the law: 1) The process of negotiation with paramilitary groups; 2) The constitution of the Group Memoria Histórica (Historic Memory) in Colombia and 3) The process of a 2007 law that was finally not passed. The book contains interviews with key actors in the justice and peace process in Colombia. The author analyses the contradictions, tensions, ambiguities and paradoxes that define the practices of such actors. This book highlights that a critical view of this kind of transitional scenario is indispensable to determine steps towards a just and peaceful society.

International Law and Transition to Peace in Colombia

Author : César Rojas-Orozco
Publisher : BRILL
Page : 205 pages
File Size : 47,6 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004440531

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International Law and Transition to Peace in Colombia by César Rojas-Orozco Pdf

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Elusive Justice

Author : Donny Meertens
Publisher : University of Wisconsin Press
Page : 225 pages
File Size : 50,5 Mb
Release : 2019-11-26
Category : History
ISBN : 9780299325602

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Elusive Justice by Donny Meertens Pdf

After War Ends

Author : James Meernik,Jacqueline H. R. DeMeritt,Mauricio Uribe-López
Publisher : Cambridge University Press
Page : 447 pages
File Size : 49,6 Mb
Release : 2019-07-25
Category : History
ISBN : 9781108499040

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After War Ends by James Meernik,Jacqueline H. R. DeMeritt,Mauricio Uribe-López Pdf

A comprehensive and timely analysis of the prospects for peace and justice in Colombia.

Contested Transitions

Author : Amanda Lyons,Norway. Kgl. Utenriksdepartement,International Center for Transitional Justice
Publisher : Unknown
Page : 399 pages
File Size : 47,9 Mb
Release : 2010
Category : Political crimes and offenses
ISBN : 958994650X

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Contested Transitions by Amanda Lyons,Norway. Kgl. Utenriksdepartement,International Center for Transitional Justice Pdf

The Transition will be Televised

Author : Franziska Englert
Publisher : Nomos Verlag
Page : 454 pages
File Size : 40,5 Mb
Release : 2022-09-29
Category : Political Science
ISBN : 9783748936596

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The Transition will be Televised by Franziska Englert Pdf

Dieses Werk untersucht die Spuren, die der Friedenprozess mit der Guerrilla FARC-EP in der kolumbianischen Fernsehfiktion hinterlassen hat. Dazu ergründet es das Phänomen kolumbianischer Versöhnungstelenovelas, welche untrennbar mit dem nationalen Transitional Justice Prozess verknüpft sind. Gestützt auf Analysen der Telenovelas und Expert:innen-Interviews wird das Versöhnungspotential der Telenovelas beleuchtet und werden Chancen und Risiken ausgelotet, die aus der Nutzung von massenmediierten Formaten der Popkultur in Friedensprozessen erwachsen. Die Telenovelas, die vorschnell als seichte Unterhaltung abgetan werden könnten, stellen sich als integraler Bestandteil des kolumbianischen Transitional Justice Strategie heraus.

Transitional Justice- a Colombian Case Study

Author : Ana Maria Roldan Villa
Publisher : LAP Lambert Academic Publishing
Page : 56 pages
File Size : 42,8 Mb
Release : 2012-08
Category : Crimes against humanity
ISBN : 365920594X

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Transitional Justice- a Colombian Case Study by Ana Maria Roldan Villa Pdf

Transitional justice is a new development of modern international law which establishes a number of mechanisms to help countries face past human rights abuses, provide peace and reconciliation, and strengthen the rule of law. The Colombian case is an unusual one because transitional justice policies are being implemented in an ongoing and complex human rights conflict. Therefore the application of transitional justice mechanisms in Colombia faces great difficulties. In this paper I analyze the results and achivements of the process, especially with regard to victims' rights.

The Colombian Peace Agreement

Author : Jorge Luis Fabra-Zamora,Andrés Molina-Ochoa,Nancy C. Doubleday
Publisher : Routledge
Page : 323 pages
File Size : 42,9 Mb
Release : 2021-04-28
Category : Political Science
ISBN : 9781000375206

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The Colombian Peace Agreement by Jorge Luis Fabra-Zamora,Andrés Molina-Ochoa,Nancy C. Doubleday Pdf

This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience. This book will be of much interest to students of peace and conflict studies, transitional justice, Latin American politics, human rights, civil wars and International Relations.

Transitional Justice in Comparative Perspective

Author : Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Publisher : Springer Nature
Page : 244 pages
File Size : 44,7 Mb
Release : 2020-01-17
Category : Political Science
ISBN : 9783030349172

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Transitional Justice in Comparative Perspective by Samar El-Masri,Tammy Lambert,Joanna R. Quinn Pdf

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.

Transitional Justice in Latin America

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 49,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.