Published Apr 15, 2015



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Alejandro Gómez Velásquez

Julian Correa Saavedra

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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.
Keywords

justicia transicional, justicia restaurativa, proceso de paz, amnistía, derechos humanos, Colombiatransitional justice, restorative justice, peace, amnesty, human rights, Colombia

References
How to Cite
Gómez Velásquez, A., & Correa Saavedra, J. (2015). Oversizing the Tension between Justice and Peace? Reflections on Transitional, Criminal and Restorative Justice in Colombia. International Law: Revista Colombiana De Derecho Internacional, 13(26), 192–248. https://doi.org/10.11144/Javeriana.il15-26.stjp
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