Transitional Justice

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The rocky road to peace II: additional challenges at the Special Jurisdiction for Peace in Colombia

The transitional justice process in Colombia and the institution at its centre, the Special Jurisdiction for Peace (JEP), have faced a series of difficulties (see here and here). Aware of this, the Prosecutor of the ICC announced on 28 October 2021 the closure of the country’s preliminary examination. This decision was partly motivated by the JEP’s progress in two of its ten ongoing cases. However, while progress at this court is undeniable, the Prosecutor’s decision was viewed by some as premature (here and here). This is not only because the proceedings are still at an early stage, but also because longstanding challenges remain unsolved (see “The rocky road to peace”) and new ones have emerged.

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Colombia: Time for the ICC Prosecutor to Act?

The controversy evolving around the role and competence of the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, SJP) has reached a new peak: Colombian President Iván Duque initiated a frontal attack against the Jurisdiction’s statutory law that goes beyond all previous assaults directed against the country’s Transitional Justice (TJ) system. We argue…

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Joint Symposium with Justice in Conflict on Human Rights Watch’s Report on The ICC’s Impact on National Justice

While investigations by the International Criminal Court (ICC) have received the lions’ share of attention and scrutiny from scholars and observers, there has been a growing interest in the impact of the ICC’s preliminary examinations. The preliminary examination stage requires the ICC Prosecutor to ascertain whether alleged crimes fall within the Court’s jurisdiction, whether the crimes are of…

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Reforming Land Restitution – A Concerted Effort to Derail Colombia’s Transitional Justice System?

Recently, Kai Ambos alerted readers of two attempts to weaken Colombia’s transitional justice system (see here and here). A third development fortifies suspicions that the country’s newly elected government intends to derail it. This time, a legislative proposal threatens Colombia’s land restitution process. Changes in the treatment of secondary occupants of reclaimed land could especially frustrate…

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Another Challenge for Colombia’s Transitional Justice Process: Aggravated Differential Treatment between Armed Forces and FARC

A new proposal for a constitutional amendment has caused another highly controversial debate in Colombia. The proposal foresees the creation of “special chambers” within the Colombian Special Jurisdiction for Peace (Jurisdicción Especial para la Paz, SJP) with the exclusive competence to try members of the Armed Forces. Just a quick reminder: The…

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