A legal im-possibility. Territory – a living being, a victim of the Colombian armed conflict. Some reflections from a collaborative and interdisciplinary dialogue

Abstract

This article examines the recognition of Territory as a victim of armed conflict by Colombia's Special Jurisdiction for Peace (JEP). This recognition grants Indigenous territories the same rights –including truth, justice, reparation, and guarantees of non-repetition– as humans, both individuals and groups affected by the armed conflict. This article, written collaboratively with four hands, is not a conventional academic article. On the one hand, it is co-authored by an Indigenous judge –lawyer and rapporteur of the case– and an academic –researcher-legal anthropologist–. On the other hand, it is the product of a long dialogical relationship of critical reflection, exchange of experiences, and co-construction of thoughts and knowledge between the two authors. We address the theoretical-practical challenge at the intersection of transitional justice, human rights, and environmental law, highlighting the importance of transforming hegemonic thinking for a more reflective and critical praxis. We propose new analytical concepts such as Territory with a capital T, multiple life systems and Indigenous legal resistance. Additionally, we seek to analyze the challenges of allowing a Territory-subject to rights and a victim of the conflict, with its multiple life systems-to be heard in the legal arena, addressing aspects such as colonialism in transitional justice and the participation of Indigenous Peoples. We conclude with reflections towards a new legal horizon where the impossible becomes a legal possibility.