Abstract

GOMEZ, Gabriel Ignacio. Between Punishment and Reconciliation: Sociolegal Analysis about the Peace Process and the Negotiation of the Agreement on Victims of the Conflict. Estud. Polit. [online]. 2017, n.50, pp.236-256. ISSN 0121-5167.  https://doi.org/10.17533/udea.espo.n50a13.

This article attempts to analyze the contested discourses related to the design of transitional justice mechanisms in the context of the peace process between the Colombian Government and the FARC during the period 2012-2016. The starting point of this work is based on a critical sociolegal perspective that goes beyond the institutional frameworks that have prevailed in the international literature on Transitional Justice. The article highlights the relevance of studying social and political contexts, and processes related to the discursive constructions on peace or victims’ rights protection. In this regard, the article provides an account of the political and legal disputes related to the design of the Agreement on Victims of the Armed Conflict. In summary, the Agreement is the outcome of the endeavor to balance maximalist approaches (retributivism) regarding victims’ rights, with minimalist perspectives (amnesties), such as the FARC’s reluctance to accept punishment.

Keywords : Transitional Justice; Peace Process; International Humanitarian Law; Colombia.

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