The transitional justice model and its relationship with remuneration justice in Colombia

Abstract

In this paper, transitional justice is analyzed as a different way of doing justice, which is applied exceptionally and for a certain time. Historically, it has been understood as the set of actions of all kinds to which the State goes to overcome long situations of armed conflict, and in which the solution is dialogue between the parties.

It is a very different kind of justice from the classic model of ordinary criminal law, which is a right that is used in all times and places in the national territory; It is clear that, despite the existence of a special jurisdiction for peace, criminal law is still in force. Even so, as a result of the peace agreement between the FARC EP and the government of Juan Manuel Santos, the preference currently goes to the Special Jurisdiction for Peace to hear criminal conduct committed prior to December 1, 2016 perpetrated on the occasion and in development of the internal armed conflict in Colombia.

This article focuses on analyzing tensions and studies whether restorative justice complements conventional criminal justice and transitional justice and its restorative justice component, models currently in force in Colombia. It is concluded that there is no tension and that both forms of justice integrate a hybrid that is a model of justice specifically designed to solve the problems derived from having lived through decades of non-international armed conflict in which there were millions of victims and in which the law criminal has been insignificant.