Jurisdicción especial para la paz: Fundamentos teóricos y características de la justicia transicional en colombia

Abstract

The Special Jurisdiction for Peace is the main component of the Integral System of Justice, Reparation and Non-Repetition (SIVJRNR), established in the Final Peace Agreement. The JEP responds to a model of restorative justice that favors truth and reparation over punishment understood in its traditional sense of retribution. However, for its detractors, this model of justice favors impunity and revictimization. This article analyzes the theoretical foundation of transitional justice and the sociopolitical context that took place in the emergence of the JEP in Colombia. It is concluded that justice is a historical product that gathers and systematizes the experience of many countries in the moments of deep political transformation and that was adopted in Colombia before the impossibility of reaching peace through military means. However, the success of the same will require the transformation of a deep-rooted legal culture of retributive justice.