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The signing of the peace agreements between the FARC-EP and the Colombian Government in late November 2016 has generated new prospects for peace in Colombia, opening the possibility of redressing the harm inflicted on Colombians by Colombians. Talking about peace and transitional justice requires us to think about how to operationalize peace agreements to promote justice and coexistence for peace. This volume brings together reflections by Colombian academics and practitioners alongside pieces provided by researchers and practitioners in other countries where transitional justice initiatives have taken place (Bosnia and Herzegovina, South Africa, Sri Lanka and Peru). This volume has been written in the south, by the south, for the south. The book engages with the challenges ahead for the coming generations of Colombians. Rivers of ink have dealt with the end goals of transitional justice, but victims require us to take the quest for human rights beyond the normative realm of theorizing justice and into the practical realm of engaging how to implement justice initiatives. The tension between theory—the legislative frameworks guaranteeing human rights—and practice—the realization of these ideas—will frame Colombia’s success (or failure) in consolidating the implementation of the peace agreements with the FARC-EP.
For decades a bitter civil war between the Colombia government and armed insurgent groups tore apart Colombian society. After protracted negotiations in Havana, a peace agreement was accepted by the Colombian government and the FARC rebel group in 2016. This volume will provide academics and practitioners throughout the world with critical analyses regarding what we know generally about the post-war peace building process and how this can be applied to the specifics of the Colombian case to assist in the design and implementation of post-war peace building programs and policies. This unique group of Colombian and international scholars comment on critical aspects of the peace process in Colombia, transitional justice mechanisms, the role of state and non-state actors at the national and local levels, and examine what the Colombian case reveals about traditional theories and approaches to peace and transitional justice.
Young People and Everyday Peace is grounded in the stories of young people who live in Los Altos de Cazucá, an informal peri-urban community in Soacha, to the south of Colombia’s capital Bogotá. The occupants of this community have fled the armed conflict and exist in a state of marginalisation and social exclusion amongst ongoing violences conducted by armed gangs and government forces. Young people negotiate these complexities and offer pointed critiques of national politics as well as grounded aspirations for the future. Colombia’s protracted conflict and its effects on the population raise many questions about how we think about peacebuilding in and with communities of conflict-affected people. Building on contemporary debates in International Relations about post-liberal, everyday peace, Helen Berents draws on feminist International Relations and embodiment theory to pay meaningful attention to those on the margins. She conceptualises a notion of embodied-everyday-peace-amidst-violence to recognise the presence and voice of young people as stakeholders in everyday efforts to respond to violence and insecurity. In doing so, Berents argues for and engages a more complex understanding of the everyday, stemming from the embodied experiences of those centrally present in conflicts. Taking young people’s lives and narratives seriously recognises the difficulties of protracted conflict, but finds potential to build a notion of an embodied everyday amidst violence, where a complex and fraught peace can be found. Young People and Everyday Peace will be of interest to scholars of Latin American Studies, International Relations and Peace and Conflict Studies.
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Conventional wisdom portrays war zones as chaotic and anarchic. In reality, however, they are often orderly. This work introduces a new phenomenon in the study of civil war: wartime social order. It investigates theoretically and empirically the emergence and functioning of social order in conflict zones. By theorizing the interaction between combatants and civilians and how they impact wartime institutions, the study delves into rebel behavior, civilian agency and their impact on the conduct of war. Based on years of fieldwork in Colombia, the theory is tested with qualitative and quantitative evidence on communities, armed groups, and individuals in conflict zones. The study shows how armed groups strive to rule civilians, and how the latter influence the terms of that rule. The theory and empirical results illuminate our understanding of civil war, institutions, local governance, non-violent resistance, and the emergence of political order.
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.
In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.
This volume addresses the role and importance of education for processes of transitional justice. In the aftermath of conflict and mass violence, education has been one of the tools with which societies have sought to achieve positive transformation. While education has the potential to trigger, maintain, and exacerbate conflict, it has also been designed to promote a deeper, more nuanced understanding of the past and to advance reconciliation, peacebuilding, and prevention. The original contributions in the book reflect on lessons learned from education policies of the past in post-conflict societies and seek innovative, sustainable, and context-sensitive grassroots approaches, designed to advocate critical thinking, values of inclusion and tolerance, and ultimately a culture of peace.