Keywords
restorative justice
peace
amnesty
human rights
Colombia
How to Cite
Abstract
It is commonly said that in processes of transitional justice immersed in a context of political negotiation aimed at the end of an internal armed conflict there is an irreducible tension between justice and peace. However, to this view underlies a paradigm of justice that is predominantly retributive which is underpinned in the international duty to investigate, prosecute and punish those responsible for serious human rights violations. Nevertheless, in scenarios of transitional justice as the one mentioned above, on the one hand, the problems of legitimation of criminal justice are even greater than those existing in "ordinary" contexts and, on the other hand, the duty referred is not absolute and, in contrast, leaves an important margin for the granting of conditional amnesties and pardons and for the imposition of alternative convictions. The foregoing, enables the predominant adoption of a restorative justice paradigm within these transitional justice processes, allowing both considerably reducing the tension between justice and peace, as triggering a genuine national political reconciliation. This makes such a paradigm more suitable not only to facilitate the signing of a peace agreement between the Colombian Government and Revolutionary Armed Forces of Colombia—People's Army, Farc-EP, guerilla's group without sacrificing justice, but also to promote a genuine process of political reconciliation of the Colombian people.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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