JUSTICE AND PEACE CRIMINAL JUSTICE PROCEEDINGS: ARE THEY A TRUE ALTERNATIVE FOR A TRANSITION TO PEACE OR JUST ANOTHER FAILED ATTEMPT TO CONSOLIDATE THE GOVERNMENT IN THE MIDDLE OF A WAR?
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Keywords

Colombia
Law 975 of 2005 (July 25)
Commentaries
Transitional justice
Case studies
Autodefensas Unidas de Colombia
Demobilization
differential criminal law
Colombian Act 975 of 2005
Justice and Peace's criminal process
paramilitaries

How to Cite

JUSTICE AND PEACE CRIMINAL JUSTICE PROCEEDINGS: ARE THEY A TRUE ALTERNATIVE FOR A TRANSITION TO PEACE OR JUST ANOTHER FAILED ATTEMPT TO CONSOLIDATE THE GOVERNMENT IN THE MIDDLE OF A WAR?. (2010). International Law: Revista Colombiana De Derecho Internacional, 8(17). https://revistas.javeriana.edu.co/index.php/internationallaw/article/view/13822
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Abstract

The following article illustrates some of the difficulties encountered during the implementation of the Colombian Act 975 of 2005, as well as some of the limitations that the Justice and Peace's criminal process must confront as a mechanism of Transitional Justice. In order to do so, the article initiates with a consideration on how the Colombian war/the war in Colombia has been a source of Law. It is precisely within this context that the Act 975 of 2005 arises, designing a particular criminal process with special aspects, that is to say, with a differential approach, which looks forward to creating an environment of reconciliation in order to make peace possible. Nevertheless, the author concludes that the penal system by itself is incapable to respond to these demands, and thus it finds itself emerged in paradoxes and contradictions that call for the attention on the necessity of more integral policies.

PDF (Spanish)

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