Transitional justice in the Colombian case : a study of article 1 of the "Marco Juridico para la Paz" under a human rights perspective

Abstract

The present thesis analyses the legal framework issued by the government of the current president of Colombia, Juan Manuel Santos, which aims to establish the transitional justice parameters that are to be applied if a peace agreement between the FARC and the government is reached. The analysis will approach the different goals of the transitional justice discourse, the inference of international human rights and international humanitarian law in the national decision making during transitions and the importance for the tools of transitional justice to balance the value of peace and justice and obey to a democratic use. It will be explained that the ‘Marco Jurídico para la Paz’ materializes two different types of amnesties: a legitimate conditional amnesty for the members of the guerrilla groups and an illegitimate ‘conditional’ self-amnesty for the members of the State agents..