Analysis on the judicial components of the peace process with the M-19 and the FARC-EP movements
International experiences on peaceful and negotiated conflict transformation demonstrate that the legal issues related to criminal responsibility and prosecution of crimes committed during wartime, represent the central aspects of the negotiation agendas and issues that complicate the construction o...
| Autor Principal: | Pabón Serrano, Oscar Mauricio; Departamento de Humanidades, Universidad Santo Tomás. |
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| Otros Autores: | Joya Jiménez, Edna Lucia; Departamento de Humanidades, Universidad Santo Tomás. |
| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Universidad Santo Tomás
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.ustabuca.edu.co/index.php/TEMAS/article/view/1617 |
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| Sumario: |
International experiences on peaceful and negotiated conflict transformation demonstrate that the legal issues related to criminal responsibility and prosecution of crimes committed during wartime, represent the central aspects of the negotiation agendas and issues that complicate the construction of final agreements. For this reason, and as part of a justice system that is increasingly globalized extending the jurisdiction of international tribunals to prosecute crimesagainst humanity, we turn to models of transitional justice and the agreement of alternative sanctions when peace is negotiated and demobilization of armed actors, models constructed from three fundamental criteria: maximum of truth, justice lows and mechanisms for victims reparation. Consequently, public opinion, critics and observers perceive that in these negotiation processes the justice is sacrificed and the path is opened to the “impunity” as the more flexible means for the transition or the end of armed conflict. Thus, this article is intended to compare the peace processes carried out by the Colombian government with the M-19 and FARC-EP guerrilla groups, focusing reflection in the categories of justice and impunity emerged for such negotiation experiences. |
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