Visión Electrónica (Nov 2022)
The insufficiency of transitional justice for the peace building
Abstract
Taking into account that the transitional justice arose under the same foundations of retribution and utilitarianism of ordinary justice and that the principles of truth, justice, reparation and non-repetition were implemented in the two transitional models based on denunciation, surrender and submission for some of the actors of the armed conflict who demobilized individually and collectively, based on a theoretical and case study, it was established that the Transitional Justice is insufficient for the construction of peace, since criminal law is not the way to achieve peaceful coexistence. We found that the main causes of this insufficiency are related to the conditional submission, the distortion of the truth, the lack of some actors in the conflict, the absence of a large part of the victims and the indifference to State crimes, among others; Because of that, we conclude that it is necessary to redirect Transitional Justice towards humanitarianism and recognition of the other, based on the principles of tolerance, unity in diversity, prospective justice, ideological pluralism, pro-victim and pro-homine, in a structural way; in order to overcome violence and move seriously towards peaceful coexistence, as a founding value proclaimed by the Colombian people in the preamble of the political charter.
