International Law and Transition to Peace in Colombia: Assessing Jus Post Bellum in Practice: Theory and Practice of Public International Law, cartea 3
Autor César Rojas-Orozcoen Limba Engleză Hardback – 7 iul 2021
While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
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Specificații
ISBN-13: 9789004440524
ISBN-10: 9004440526
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
ISBN-10: 9004440526
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
Notă biografică
César Rojas-Orozco, Ph.D. (2020) at the Graduate Institute of International and Development Studies in Geneva. He currently works as a legal officer at the Special Jurisdiction for Peace and as a lecturer at different universities in Colombia.
Cuprins
Acknowledgments
List of Abbreviations
Introduction
1 Transition to Peace as a Matter of International Law
2 A Framework on the Legal Dimension of Transition: Jus Post Bellum
3 The Relevance of the Colombian Transition
4 Empirical Analysis from the Perspective of niac s
5 Purpose of the Study
6 Methodological Considerations
7 Structure of the Book
1Jus Post Bellum A Normative Framework for the Transition from Armed Conflict to Peace
1 Approaches to a Definition
1.1A New Legal Regime
1.2Ordering System of Norms, Practices, and Discourses
1.3Interpretative Framework
2 Principles of Jus Post Bellum
3 Temporal and Functional Approach to Jus Post Bellum
4 The Object of Jus Post Bellum
5Jus Post Bellum and Related Concepts
5.1Transitional Justice
5.2Lex Pacificatoria
6Jus Post Bellum in Non-International Armed Conflicts
7 Conclusions
2International Law in the Colombian Transition
0 A General Overview of the Colombian Armed Conflict and Its Transition to Peace
0.1Origin and Evolution of the Armed Conflict
0.2Transitional Legal Mechanisms in the Ongoing Conflict
0.3Peace Process and Final Agreement (2012–2016)
1 The Legal Status of the Peace Agreement
1.1The Discussion on the Domestic or International Legal Status of Internal Peace Agreements
1.2Formulas of Normative Internationalization of the Colombian Peace Agreement
1.2.1 The Peace Agreement as a Special Agreement under ihl
1.2.2 The Peace Agreement as a Document of the UN Security Council
1.3Consequences of the Peace Agreement’s International Legal Status
2 Socioeconomic and Political Reforms
2.1Legal and Policy Framework on Socioeconomic and Political Reforms for Transition to Peace
2.2Socioeconomic and Political Reforms in the Colombian Peace Agreement
3 Criminal Justice
3.1Legal Framework on Amnesties and Criminal Responsibility
3.1.1 Amnesties at the End of niac s
3.1.2 The Duty to Prosecute International Crimes
3.2Conciliating Peace and Justice in Peace Negotiations
3.3The Colombian Approach: A Negotiated System of Criminal Justice
3.3.1 The Precedent of the Justice and Peace Law
3.3.2 The Special Jurisdiction for Peace
4 Reparations for Victims
4.1Legal Framework on Reparations for Victims of Armed Conflict
4.1.1 The Right to Reparation in International Law
4.1.2 Reparations for Armed Conflict-related Violations of Human Rights and ihl
4.2Colombian Approach to Reparations
4.2.1 Judicial Reparation: Justice and Peace Law
4.2.2 Comprehensive Administrative Reparations: Law on Victims and Land Restitution
4.2.3 Reparations in the 2016 Peace Agreement
5 Inclusive Transitions
5.1Legal Framework on Inclusiveness
5.1.1 On Women and Gender Issues
5.1.2 On Ethnic Minorities Issues
5.1.3 On the Participation of Victims and Civil Society in General
5.2The Colombian Approach
5.2.1 Differential Approach for the Attention and Reparation of Victims of Armed Conflict
5.2.2 Participation of Victims and Civil Society in the Peace Negotiations
5.2.3 Differential Gender and Ethnic Approaches in the Peace Agreement
6 Conclusions
3Jus Post Bellum Viewed from the Colombian Transition
1 A Definition of Jus Post Bellum from the Colombian Experience
2 The Formation and Operation of Jus Post Bellum
3 Principles of Jus Post Bellum identified in the Colombian Case
3.1Reconstruction and Transformation
3.2Criminal Accountability
3.3Reparation
3.4Reconciliation
3.5Proportionality
3.6Inclusiveness
3.7Environmental Protection
4 The Actors of Jus Post Bellum in Colombia
4.1The Parties in Negotiation
4.2External Guarantors
4.3The Colombian Constitutional Court
4.4The Prosecutor of the International Criminal Court
4.5The Inter-American System of Human Rights
4.6Victims and Civil Society Organizations
4.7Insights on the Type and Role of Actors of Jus Post Bellum
5 The Functions Played by International Law in the Colombian Transition: Possible Functions of Jus Post Bellum?
5.1.Increasing International Legitimacy of Transitional Mechanisms
5.2Offering Legal Certainty to the Peace Agreement
5.3Delimitating a Bargaining Zone for Negotiations
5.4Creating Confidence among the Parties
5.5Empowering Traditional Marginalized Actors
5.6Promoting Comprehensiveness in the Guarantee of Rights
5.7Encouraging the Transformative Role of Transition
5.8Insights for the General Functions of Jus Post Bellum
6 Conclusions
General Conclusions
1 A Summary of the Study
2 The Main Contributions of the Colombian Transition to International Law and to Jus Post Bellum
3Jus Post Bellum from Theory to Practice: Challenges and Opportunities
4 The Future of Jus Post Bellum
Bibliography
Index
List of Abbreviations
Introduction
1 Transition to Peace as a Matter of International Law
2 A Framework on the Legal Dimension of Transition: Jus Post Bellum
3 The Relevance of the Colombian Transition
4 Empirical Analysis from the Perspective of niac s
5 Purpose of the Study
6 Methodological Considerations
7 Structure of the Book
1Jus Post Bellum A Normative Framework for the Transition from Armed Conflict to Peace
1 Approaches to a Definition
1.1A New Legal Regime
1.2Ordering System of Norms, Practices, and Discourses
1.3Interpretative Framework
2 Principles of Jus Post Bellum
3 Temporal and Functional Approach to Jus Post Bellum
4 The Object of Jus Post Bellum
5Jus Post Bellum and Related Concepts
5.1Transitional Justice
5.2Lex Pacificatoria
6Jus Post Bellum in Non-International Armed Conflicts
7 Conclusions
2International Law in the Colombian Transition
0 A General Overview of the Colombian Armed Conflict and Its Transition to Peace
0.1Origin and Evolution of the Armed Conflict
0.2Transitional Legal Mechanisms in the Ongoing Conflict
0.3Peace Process and Final Agreement (2012–2016)
1 The Legal Status of the Peace Agreement
1.1The Discussion on the Domestic or International Legal Status of Internal Peace Agreements
1.2Formulas of Normative Internationalization of the Colombian Peace Agreement
1.2.1 The Peace Agreement as a Special Agreement under ihl
1.2.2 The Peace Agreement as a Document of the UN Security Council
1.3Consequences of the Peace Agreement’s International Legal Status
2 Socioeconomic and Political Reforms
2.1Legal and Policy Framework on Socioeconomic and Political Reforms for Transition to Peace
2.2Socioeconomic and Political Reforms in the Colombian Peace Agreement
3 Criminal Justice
3.1Legal Framework on Amnesties and Criminal Responsibility
3.1.1 Amnesties at the End of niac s
3.1.2 The Duty to Prosecute International Crimes
3.2Conciliating Peace and Justice in Peace Negotiations
3.3The Colombian Approach: A Negotiated System of Criminal Justice
3.3.1 The Precedent of the Justice and Peace Law
3.3.2 The Special Jurisdiction for Peace
4 Reparations for Victims
4.1Legal Framework on Reparations for Victims of Armed Conflict
4.1.1 The Right to Reparation in International Law
4.1.2 Reparations for Armed Conflict-related Violations of Human Rights and ihl
4.2Colombian Approach to Reparations
4.2.1 Judicial Reparation: Justice and Peace Law
4.2.2 Comprehensive Administrative Reparations: Law on Victims and Land Restitution
4.2.3 Reparations in the 2016 Peace Agreement
5 Inclusive Transitions
5.1Legal Framework on Inclusiveness
5.1.1 On Women and Gender Issues
5.1.2 On Ethnic Minorities Issues
5.1.3 On the Participation of Victims and Civil Society in General
5.2The Colombian Approach
5.2.1 Differential Approach for the Attention and Reparation of Victims of Armed Conflict
5.2.2 Participation of Victims and Civil Society in the Peace Negotiations
5.2.3 Differential Gender and Ethnic Approaches in the Peace Agreement
6 Conclusions
3Jus Post Bellum Viewed from the Colombian Transition
1 A Definition of Jus Post Bellum from the Colombian Experience
2 The Formation and Operation of Jus Post Bellum
3 Principles of Jus Post Bellum identified in the Colombian Case
3.1Reconstruction and Transformation
3.2Criminal Accountability
3.3Reparation
3.4Reconciliation
3.5Proportionality
3.6Inclusiveness
3.7Environmental Protection
4 The Actors of Jus Post Bellum in Colombia
4.1The Parties in Negotiation
4.2External Guarantors
4.3The Colombian Constitutional Court
4.4The Prosecutor of the International Criminal Court
4.5The Inter-American System of Human Rights
4.6Victims and Civil Society Organizations
4.7Insights on the Type and Role of Actors of Jus Post Bellum
5 The Functions Played by International Law in the Colombian Transition: Possible Functions of Jus Post Bellum?
5.1.Increasing International Legitimacy of Transitional Mechanisms
5.2Offering Legal Certainty to the Peace Agreement
5.3Delimitating a Bargaining Zone for Negotiations
5.4Creating Confidence among the Parties
5.5Empowering Traditional Marginalized Actors
5.6Promoting Comprehensiveness in the Guarantee of Rights
5.7Encouraging the Transformative Role of Transition
5.8Insights for the General Functions of Jus Post Bellum
6 Conclusions
General Conclusions
1 A Summary of the Study
2 The Main Contributions of the Colombian Transition to International Law and to Jus Post Bellum
3Jus Post Bellum from Theory to Practice: Challenges and Opportunities
4 The Future of Jus Post Bellum
Bibliography
Index