International Law And Transition To Peace In Colombia
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International Law And Transition To Peace In Colombia
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Author : César Rojas-Orozco
language : en
Publisher: BRILL
Release Date : 2021-07-05
International Law And Transition To Peace In Colombia written by César Rojas-Orozco and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-05 with Law categories.
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.
The Colombian Peace Agreement
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Author : Jorge Luis Fabra-Zamora
language : en
Publisher: Routledge
Release Date : 2021-04-28
The Colombian Peace Agreement written by Jorge Luis Fabra-Zamora and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-28 with Political Science categories.
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.
Law In Peace Negotiations
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Author : Morten Bergsmo
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2010-07-23
Law In Peace Negotiations written by Morten Bergsmo and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-23 with Law categories.
The Colombian Peace Process And The Principle Of Complementarity Of The International Criminal Court
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Author : Kai Ambos
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-06-30
The Colombian Peace Process And The Principle Of Complementarity Of The International Criminal Court written by Kai Ambos and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-30 with Law categories.
Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?
War And Peace In Colombia
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Author : Chiara Savonitto
language : en
Publisher: Edizioni Nuova Cultura
Release Date : 2018-07-31
War And Peace In Colombia written by Chiara Savonitto and has been published by Edizioni Nuova Cultura this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-31 with Political Science categories.
Il 24 novembre 2016, il governo colombiano e le Fuerzas Armadas Revolucionarias de Colombia - Ejército del Pueblo (FARC-EP) hanno firmato un accordo volto a garantire una pace stabile e duratura alla popolazione colombiana. In seguito ad una guerra civile durata per più di cinquant'anni, il più influente gruppo di guerriglieri nel paese ha mostrato la sua determinazione a porre fine alla lotta armata contro lo Stato e a perseguire i suoi scopi politici e ideologici attraverso mezzi legali e democratici. Prendendo ispirazione dai recenti sviluppi riguardanti il caso colombiano, quest’opera mette in risalto il ruolo svolto dal Diritto Internazionale e dalle relative entità giuridiche all'interno del conflitto armato combattuto tra il governo colombiano e le FARC, nonché durante i negoziati che hanno portato alla firma dell’accordo di pace nel 2016. In particolare, il lavoro valuta la conformità delle parti belligeranti con gli obblighi stabiliti da tre principali rami del Diritto Internazionale: il Diritto Internazionale Umanitario, il Diritto Internazionale Penale e il Diritto Internazionale dei Diritti Umani. On November 24, 2016, the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC-EP) signed a final peace agreement aimed at guaranteeing a reliable and long-lasting peace to Colombia and its population. After a civil war lasted for more than five decades, the main guerrilla movement in the country has shown its determination to pursue its ideological purposes through legal and democratic means, permanently abandoning insurgency and revolutionary political aspirations. By taking inspiration from the recent developments concerning the Colombian case, this study evaluates the role played by International Law and the relevant international legal entities within the armed conflict fought between the Colombian government and the FARC, as well as during the negotiations that led to the signature of the peace agreement in 2016. Specifically, it assesses the compliance of the belligerent parties with the obligations established by three main bodies of law: International Humanitarian Law, International Criminal Law, and International Human Rights Law.
Negotiating Transitional Justice
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Author : Mark Freeman
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Negotiating Transitional Justice written by Mark Freeman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with History categories.
An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.
The Role Of Transitional Justice In The Midst Of Ongoing Armed Conflicts
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Author : Rosario Figari Layús
language : en
Publisher: Universitätsverlag Potsdam
Release Date : 2010
The Role Of Transitional Justice In The Midst Of Ongoing Armed Conflicts written by Rosario Figari Layús and has been published by Universitätsverlag Potsdam this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
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.
Transitional Justice And A State S Response To Mass Atrocity
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Author : Jacopo Roberti di Sarsina
language : en
Publisher: Springer
Release Date : 2019-03-26
Transitional Justice And A State S Response To Mass Atrocity written by Jacopo Roberti di Sarsina and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-26 with Law categories.
This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
War Without Quarter
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Author : Human Rights Watch (Organization)
language : en
Publisher: Human Rights Watch
Release Date : 1998
War Without Quarter written by Human Rights Watch (Organization) and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.
The laws of war and Colombia
International Law And Post Conflict Reconstruction Policy
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Author : Matthew Saul
language : en
Publisher: Routledge
Release Date : 2015-05-15
International Law And Post Conflict Reconstruction Policy written by Matthew Saul and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Law categories.
The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.