Abstract

APONTE-CARDONA, Alejandro. COLOMBIA: A SUI GENERIS CASE IN THE FRAMEWORK OF TRANSITIONAL JUSTICE. Int. Law: Rev. Colomb. Derecho Int. [online]. 2008, n.12, pp.395-433. ISSN 1692-8156.

This text deals with an unorthodox case in the context of general discussion on transitional justice: the case of Colombia. This country, unlike others in which a transit from an undemocratic and authoritarian state to a democratic state has occurred, is living in a situation of extreme political and social conflict; although it has a democratic regime not only from the purely formal point of view. Therefore, the most appropriate theoretical framework to study this unorthodox case isn’t "overcoming the past", but "overcoming the present conflict". From here, the author discusses several transitional justice mechanisms, and their practical development within the general structure of relations between war and politics, and war and law.

Keywords : Transitional Justice; Unorthodox mechanisms of transitional justice; Criminal Law and transitional justice; War and Law; War and politics; Justice and peace; Criminal International Court..

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