International Law and Transition to Peace in Colombia

Assessing Jus Post Bellum in Practice

Series: 

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study.

While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Copyright Year:
2021
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978-90-04-44053-1
Publication:
05 Jul 2021
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ISBN:
978-90-04-44052-4
Publication:
08 Jul 2021
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About MyBook
César Rojas-Orozco, Ph.D. (2020) at the Graduate Institute of International and Development Studies in Geneva. He currently works as a legal officer at the Special Jurisdiction for Peace and as a lecturer at different universities in Colombia.
Acknowledgments

List of Abbreviations

Introduction
 1 Transition to Peace as a Matter of International Law

 2 A Framework on the Legal Dimension of Transition: Jus Post Bellum

 3 The Relevance of the Colombian Transition

 4 Empirical Analysis from the Perspective of niac s

 5 Purpose of the Study

 6 Methodological Considerations

 7 Structure of the Book


1 Jus Post Bellum A Normative Framework for the Transition from Armed Conflict to Peace
 1 Approaches to a Definition
 1.1 A New Legal Regime

 1.2 Ordering System of Norms, Practices, and Discourses

 1.3 Interpretative Framework


 2 Principles of Jus Post Bellum

 3 Temporal and Functional Approach to Jus Post Bellum

 4 The Object of Jus Post Bellum

 5 Jus Post Bellum and Related Concepts
 5.1 Transitional Justice

 5.2 Lex Pacificatoria


 6 Jus Post Bellum in Non-International Armed Conflicts

 7 Conclusions


2 International Law in the Colombian Transition
 0 A General Overview of the Colombian Armed Conflict and Its Transition to Peace
 0.1 Origin and Evolution of the Armed Conflict

 0.2 Transitional Legal Mechanisms in the Ongoing Conflict

 0.3 Peace Process and Final Agreement (2012–2016)


 1 The Legal Status of the Peace Agreement
 1.1 The Discussion on the Domestic or International Legal Status of Internal Peace Agreements

 1.2 Formulas of Normative Internationalization of the Colombian Peace Agreement
 1.2.1 The Peace Agreement as a Special Agreement under ihl

 1.2.2 The Peace Agreement as a Document of the UN Security Council


 1.3 Consequences of the Peace Agreement’s International Legal Status


 2 Socioeconomic and Political Reforms
 2.1 Legal and Policy Framework on Socioeconomic and Political Reforms for Transition to Peace

 2.2 Socioeconomic and Political Reforms in the Colombian Peace Agreement


 3 Criminal Justice
 3.1 Legal Framework on Amnesties and Criminal Responsibility
 3.1.1 Amnesties at the End of niac s

 3.1.2 The Duty to Prosecute International Crimes


 3.2 Conciliating Peace and Justice in Peace Negotiations

 3.3 The Colombian Approach: A Negotiated System of Criminal Justice
 3.3.1 The Precedent of the Justice and Peace Law

 3.3.2 The Special Jurisdiction for Peace


 4 Reparations for Victims
 4.1 Legal Framework on Reparations for Victims of Armed Conflict
 4.1.1 The Right to Reparation in International Law

 4.1.2 Reparations for Armed Conflict-related Violations of Human Rights and ihl


 4.2 Colombian Approach to Reparations
 4.2.1 Judicial Reparation: Justice and Peace Law

 4.2.2 Comprehensive Administrative Reparations: Law on Victims and Land Restitution

 4.2.3 Reparations in the 2016 Peace Agreement


 5 Inclusive Transitions
 5.1 Legal Framework on Inclusiveness
 5.1.1 On Women and Gender Issues

 5.1.2 On Ethnic Minorities Issues

 5.1.3 On the Participation of Victims and Civil Society in General


 5.2 The Colombian Approach
 5.2.1 Differential Approach for the Attention and Reparation of Victims of Armed Conflict

 5.2.2 Participation of Victims and Civil Society in the Peace Negotiations

 5.2.3 Differential Gender and Ethnic Approaches in the Peace Agreement


 6 Conclusions


3 Jus Post Bellum Viewed from the Colombian Transition
 1 A Definition of Jus Post Bellum from the Colombian Experience

 2 The Formation and Operation of Jus Post Bellum

 3 Principles of Jus Post Bellum identified in the Colombian Case
 3.1 Reconstruction and Transformation

 3.2 Criminal Accountability

 3.3 Reparation

 3.4 Reconciliation

 3.5 Proportionality

 3.6 Inclusiveness

 3.7 Environmental Protection


 4 The Actors of Jus Post Bellum in Colombia
 4.1 The Parties in Negotiation

 4.2 External Guarantors

 4.3 The Colombian Constitutional Court

 4.4 The Prosecutor of the International Criminal Court

 4.5 The Inter-American System of Human Rights

 4.6 Victims and Civil Society Organizations

 4.7 Insights on the Type and Role of Actors of Jus Post Bellum


 5 The Functions Played by International Law in the Colombian Transition: Possible Functions of Jus Post Bellum?
 5.1. Increasing International Legitimacy of Transitional Mechanisms

 5.2 Offering Legal Certainty to the Peace Agreement

 5.3 Delimitating a Bargaining Zone for Negotiations

 5.4 Creating Confidence among the Parties

 5.5 Empowering Traditional Marginalized Actors

 5.6 Promoting Comprehensiveness in the Guarantee of Rights

 5.7 Encouraging the Transformative Role of Transition

 5.8 Insights for the General Functions of Jus Post Bellum


 6 Conclusions


General Conclusions
 1 A Summary of the Study

 2 The Main Contributions of the Colombian Transition to International Law and to Jus Post Bellum

 3 Jus Post Bellum from Theory to Practice: Challenges and Opportunities

 4 The Future of Jus Post Bellum


Bibliography

Index

Scholars and practitioners interested in the role of international law at peacemaking and peacebuilding, in the concept of jus post bellum, and in the Colombian transition to peace.
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