Abstract
Little is known about the effects of transitional justice on the development of the rule of law. In Colombia, this Andean nation has used transitional mechanisms for more than a decade, and as part of the 2016 peace accord it is launching a second wave of transitional trials, a truth commission, amnesties, and reparations. Utilizing a case-study design, this article measures the impact of Colombia’s first wave, i.e., the Justice and Peace process, across five key rule of law indicators. Despite expectations in the literature that domestic trials are the primary casual mechanisms in enhancing the rule of law, this analysis finds that in the case of Colombia restorative elements, namely amnesties and reparations, were the drivers of limited change. More comprehensive reform was blocked by structural flaws within Law 975, the government’s ever-changing transitional framework, and the absence of the state in former conflict zones.
Highlights
Colombia appears poised to begin a more stable and less violent future following a 2016 peace accord between the government and the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo)
In order to position itself for lasting peace, Colombia needs to strengthen its rule of law, as evidenced by ongoing drug trafficking, endemic corruption, and general lawlessness in departments like Nariño
Individual guerrillas and paramilitaries have been tried in the past within regular courts, and modest reparations occasionally given by the State to local communities, Colombia’s first meaningful attempt at transitional justice is the Justice and Peace Law (Restrepo 2012, 143–144)
Summary
Colombia appears poised to begin a more stable and less violent future following a 2016 peace accord between the government and the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo). It is fair to ask whether this initial wave of transitional justice made a difference; namely, did it help or deter the development of the rule of law within this conflicted state? Before delving into the analysis, this article begins by situating itself within the analytical literature and identifies how this study begins to help us understand the relationship and causal mechanisms between transitional justice and the rule of law. This section is followed by an explanation of our research methodology and Colombia’s transitional justice framework. It proceeds with the analysis before concluding with several Colombia-specific observations, as well as highlighting areas for further inquiry
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