#transitionaljustice

Hey guys,

Here is a news article posted by Amnesty International on the establishment of Hybrid Court for the human rights violations in south Sudan. Not really recently, but it’s related to my paper topic on hybrid court for transitional justice in post-conflict era. 

The AU-led Hybrid Court for South Sudan will investigate and prosecute those responsible for serious crimes committed since 15 December 2013, including civilian killings, rape and other sexual violence, forced recruitment of children, forced displacements, and others. . . As Amnesty International has noted, the International Criminal Court (ICC) is not competent and existing tribunals are not independent or impartial enough to handle most mass crimes for which people in power are likely to be suspected, as South Sudan has not ratified the Rome Statute and the United Nations Security Council has not referred the situation to the ICC.

Back in 2016, Colombia’s former President Juan Manuel Santos and FARC leader Rodrigo Londono signed a historic peace agreement, marking an end to the country’s 52 year-long civil war.  A conflict which has claimed the lives of 220,000 civilians, 25,000 disappearances, and 5.7 million displacements, Colombians mixed reactions to the Havana peace accords only a week after their enactment reveal a clear division over how peace should be achieved moving forward, and if a human rights approach (i.e. transitional justice mechanisms) is essential or counterproductive to Colombia. Indeed, Colombians narrow - 50.2% of the votes - rejection the deal in a statewide referendum reflects both then and now the public's frustration that FARC and ELN rebels are being treated too leniently after decades of committing serious crimes against humanity. Those against the Havana agreement like new President Duque argue that transitional mechanisms will continue to be ineffective until addressing the most immediate threat, the on-going violence, and drug-trade expansion. Meanwhile, those who voted in favor of the referendum remain civilians living in the rural areas most impacted by ongoing violence. On either side of the debate, Colombians multiple stakeholders continue to argue over which form of justice will bring ‘true’ peace to the country; That is, solely using the state’s traditional criminal courts system as a way to address immediate retribution as well as the current violence, or a more holistic approach to peace and justice in which transitional mechanisms like reparations and restoration are applied to not only civilian victims but also ex-rebels. 

Two years since the ceasefire, we would argue that Colombia is at a pivotal moment in the peace process. Although not perfect, the agreement ultimately demonstrates what many believe to be the biggest indication of working towards the achievement of peace and justice, the recognition of victims voices. And while the process has gained more support from Colombian civil society in addition to its constant support from the international community (United Nations), the recent election of Duque and his ultra-right leaning party, the Democratic Centre, brings a new sense of uncertainty concerning the future of the peace agreement. Specifically, the transitional justice mechanisms established to reverse the institutional inequalities faced by Colombia’s rural, and often, marginalized communities as well as continuing with the reintegration of ex-combats into civilian life.

Additional Readings:

Colombia’s fragile peace explained

Can the Colombia-FARC peace deal hold?

Backgrounder - Colombia's Civil Conflict

Extensive Timeline of Colombia's History

Colombia & Transitional Justice

Colombia Peace Talks: 'Peace versus Justice' or 'Crime and Punishment'

Risky Business: The Durque Government's Approach to Peace in Colombia

Colombia false positive scandal: Families demand 'greater truth'

"The Role of the ICC in the Transitional Justice Process in Colombia"