Abstract

COTE-BARCO, Gustavo Emilio. JUSTICE AND PEACE CRIMINAL JUSTICE PROCEEDINGS: ARE THEY A TRUE ALTERNATIVE FOR A TRANSITION TO PEACE OR JUST ANOTHER FAILED ATTEMPT TO CONSOLIDATE THE GOVERNMENT IN THE MIDDLE OF A WAR?. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.125-164. ISSN 1692-8156.

The following article illustrates some of the difficulties encountered during the implementation of the Colombian Act 975 of 2005, as well as some of the limitations that the Justice and Peace's criminal process must confront as a mechanism of Transitional Justice. In order to do so, the article initiates with a consideration on how the Colombian war/the war in Colombia has been a source of Law. It is precisely within this context that the Act 975 of 2005 arises, designing a particular criminal process with special aspects, that is to say, with a differential approach, which looks forward to creating an environment of reconciliation in order to make peace possible. Nevertheless, the author concludes that the penal system by itself is incapable to respond to these demands, and thus it finds itself emerged in paradoxes and contradictions that call for the attention on the necessity of more integral policies.

Keywords : Transitional justice; differential criminal law; Colombian Act 975 of 2005; Justice and Peace's criminal process; paramilitaries; Colombia; Law 975 of 2005 (July 25); Commentaries; Transitional justice; Case studies; Autodefensas Unidas de Colombia; Demobilization.

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