Restorative justice in the context of transitional justice: case study of Colombia

Abstract

How is it possible to reach peace and social reconciliation in a country that has normalized the violence? This is the question that politician, States, local and international organization are continually asking in context of transitions. Even though the social claim for the investigation and prosecutions of the perpetrators is a permanent constant, the retributive trials do not seem to be enough to address the aims of peace and reconciliation in scenarios of mass victimization. The peace agreement signed between the government of Colombia and the FARC-EP brings hopes to finally deal in a comprehensive way the armed conflict by incorporating restorative justice principles within the transitional justice process. Nevertheless, the concept of restorative justice remains in debate, and its suitability in the context of transitional justice is debatable. The thesis seeks to contribute on the debate by arguing that restorative justice seems to be the alternative paradigm of justice that humanize the conflict by promoting peace, truth, reconciliation and social restoration in the context of mass atrocities.