Transitional Justice in Colombia and Legal Framework for Peace: Reflections from the Viewpoint of International Humanitarian Law

By Rodolfo Alfonso Torregrosa Jiménez.

Published by The International Journal of Interdisciplinary Civic and Political Studies

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Each transitional justice process is unique and its results depend on the values, which may take a number of factors, according to the case or the country under consideration. Among the most important factors are: the historical development of the conflict, its duration, type of exerted repression, the conditions under which it reaches the transitional process, the socio-political profile and the balance of power between the various actors, system robustness political and judicial system, the degree of consolidation and participation of civil society, the continuation of the perpetrators in power, the attitude of the elite towards the transition, the way it defines the victim and the perpetrator, availability resources for repair and institutional reform, and participation of the international community. This legal framework as an instrument of transitional justice in Colombia must be applied in a complex context given the force of the internal armed conflict. In this context, the legal framework for peace contrasts with the reality which, despite all extensions and modifications, has failed to meet the criteria exposed.

Keywords: Legal Framework for Peace, Transitional Justice, Colombian Armed Conflict

The International Journal of Interdisciplinary Civic and Political Studies, Volume 11, Issue 4, December 2016, pp.28-34. Article: Print (Spiral Bound). Article: Electronic (PDF File; 656.194KB).

Dr. Rodolfo Alfonso Torregrosa Jiménez

Colombian Researcher, Teacher, School of Law, Universidad Libre, Bogota, Colombia