New publication alert! Discover the new book chapter by Isabel Güiza Gómez (CASAS member) and Rodrigo Uprimny Yepes.
Abstract:
In its prevailing, core understanding, transitional justice is conceived of as a range of extraordinary judicial and non-judicial mechanisms directed to redressing gross and massive human rights violation legacies in societies marked by political transition—e.g., either regime change or war-to-peace transition. Thus, transitional justice mechanisms are deeply associated with political transition and, more specifically, transition to liberal democracy. However, such a conventional notion falls short in addressing massive human rights victims’ claims in ongoing armed conflict settings (e.g., Colombia), which have not experienced substantial political change. Nor does it tackle victims’ demands for truth, justice, reparations, and non-repetition in organized crime contexts (e.g., Mexico) in which a previous political transition from authoritarian rule to multiparty democracy has been coupled with increasing criminal violence. Challenging the traditional view of transitional justice as a post-conflict endeavor, Colombia adopted justice and reparation measures anchored to a transitional justice framework amidst armed conflict, thereby disentangling justice, truth, reparation, and non-repetition mechanisms from arrangements aimed at strengthening the rule of law and liberal democracy. Drawing on the Colombian case, we offer a more conceptually bounded approach to transitional justice for organized crime settings, which allows for exceptional mechanisms to confront the wrongdoing of large-scale violence irrespective of political change.
You can access the details of this book chapter (and other chapters) by clicking here.
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