Abstract

QUINCHE RAMIREZ, Manuel Fernando. Normative international and national standards of transitional justice for peace processes in Colombia. Estud. Socio-Juríd [online]. 2005, vol.7, n.spe, pp.355-408. ISSN 0124-0579.

ABSTRACT In this article I will analyze the current process of transitional justice in Colombia that has been made without any legal framework. I examine, from the normative international standards of justice, how Colombia has undergone a transitional process where the realpolitik has been privileged over the rule of law and ethical principles. The government defends in some way that the rule of law and political responsibility can be sacrificed for the sake of peace. The main thesis of this article points out that the current process of peace with insurgent movements (in this case paramilitary groups) is a way to legitimate impunity, according to the jurisprudence of the Interamerican Court of Human Rights and the Colombian jurisprudence.

Keywords : Transitional justice; justice; truth; reparation; jurisprudence; impunity; rule of law.

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