In this chapter I analyze the Transitional Justice framework defined by the peace agreement between the FARC-EP and the Colombian government, as captured in point five of the Final Agreement of Havana. Firstly, I will examine the principles that inspired the agreement on victims and four of the extra-judicial mechanisms described in it: The Truth Commission, the Unit for Searching for Disappeared People, measures for reparation, and guarantees of non-repetition. Secondly, I will analyze the Special Jurisdiction of Peace: juridical mechanisms have been one of the main aspects of past and present theoretical and practical discussions of transitional justice frameworks, and one of the most important issues in the political, juridical, and ethical discussions in Colombia and abroad with regard to Transitional Justice. Finally, I will analyze some possible scenarios for the future of the implementation of the Transitional Justice agreements, reflecting on the uncertainties surrounding the implementation of the agreements in practice, and how this may provide legal stability (or instability) for different constituents and for peace in Colombia.
|Title of host publication
|The transitional justice framework agreed between the Colombian Government and the FARC-EP
|Place of Publication
|Number of pages
|Published - May 11 2018