The constitutional framework for transitional justice in Colombia

Abstract

This paper analyzes the transitional justice dilemma from a constitutional perspective and has the purpose to understand how the Colombian constitutional framework could respond to a transitional process, in particular, with regard to the issue of criminal accountability for the perpetrators of atrocities during the armed conflict in a process of negotiation addressed to achieve peace and reconciliation. In other words, the present exercise is focused on which constitutional mechanisms are provided by the Colombian Constitution to resolve the conflict generated during a transitional process between the right to peace and to justice, how those mechanisms shall be interpreted, and what are the implications of each of them.