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Negotiating Transitional Justice: Firsthand Lessons from Colombia and Beyond

Negotiating Transitional Justice: Firsthand Lessons from Colombia and Beyond

Author: Mark Freeman; Ivan Orozco
Publisher: Cambridge University Press
ISBN: 9781316638156
Published In: January 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Their many years working as scholars of war and transnational justice are brought to bear on their analysis of the decision to ensure transitional justice as part of the final deal. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the 'devil's dilemma' of negotiating peace with justice implausible but feasible.

Offers a general theoretical framework on the choices and challenges of negotiating transitional justice as part of a larger peace or political settlement
Includes a first-hand account of the way transitional justice was negotiated in the Colombian peace talks with the FARC
Provides a collection of political and philosophical essays on the place of victims and justice in a contemporary negotiation similar to the one in Colombia

Part I. Negotiating Transitional Justice: A Conceptual Framework:

1. General considerations

2. The role of international law

3. Elements of practice

4. Conclusions

Part II. Negotiating Transitional Justice: The Case of Colombia

5. The context

6. The experience

7. Conclusions

Appendix 1: basic information about the Havana negotiation

Appendix 2: the legal framework for peace (2012)

Index