Law and Order: The Evolution of Transitional Justice in Colombia from the Peace Process with the AUC (2003) to the FARC (2015)

Abstract

This article examines the role of the transitional justice process in promoting sustainable peace processes in Colombia by focusing on the two most recent peace processes and reintegration/reincorporation programmes with the United Self-Defense Forces of Colombia in 2003 and the Revolutionary Armed Forces of Colombia in 2016. The purpose of this article is to describe the evolution of the transitional justice framework using specific mechanisms (principles) within these two processes, as well as to identify the main developments and ongoing limitations in the current framework with the FARC. The methodology of analysis is a comparative law research approach. The key findings of this article are that major improvements have been made in strengthening institutional capacity and ensuring the satisfaction of victims’ rights in these processes. However, physical and legal insecurity still present major risks to ex-combatants and, therefore, to the integrity and success of the peace process. This comparative analysis hopes to provide detailed knowledge to enable the ongoing development and improvement of reintegration/reincorporation programmes in Colombia and worldwide.