Abstract

GOMEZ-VELASQUEZ, Alejandro  and  CORREA-SAAVEDRA, Julián. OVERSIZING THE TENSION BETWEEN JUSTICE AND PEACE? REFLECTIONS ON TRANSITIONAL, CRIMINAL AND RESTORATIVE JUSTICE IN COLOMBIA. Int. Law: Rev. Colomb. Derecho Int. [online]. 2015, n.26, pp.193-247. ISSN 1692-8156.  https://doi.org/10.11144/Javeriana.il15-26.stjp.

It is commonly said that there is an irreducible tension between justice and peace in the transitional justice processes in the context of a political negotiation aimed at the cease of an internal armed conflict. However, there is an underlying paradigm of justice in this vision, strongly inclined towards retribution, braced in the international duty to investigate, judge, andpenal-ize those responsible for grave violations to human rights. Still, in settings of transitional law, such as the case at hand, in addition to the legitimation problems of criminal justice-which are even greater than those found in "ordinary" contexts - the international duty is not absolute. Instead, it leaves a wide margin for granting conditional amnesty and pardon, and to impose alternative sentences. This allows for the prevailing adoption of a restorative justice paradigm for this kind of transitional justice processes, which allows to considerably reduce the existing tension between justice and peace as well as trigger an authentic national politic reconciliation. This makes the paradigm more suitable for both, making easier the signing of a peace treaty between the Colombian government and the guerrilla of the Colombian Revolutionary Armed Forces - The Peoples Army FARC-EP, without giving up on justice, and to drive a true political reconciliation process in Colombian people.

Keywords : transitional justice; restorative justice; peace process; amnesty; human rights; Colombia.

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