Which Approach to Justice in Colombia under the Era of the ICC

Abstract

How could Colombia deal with the overwhelming cruelty of mass atrocities committed during its ongoing conflict? This article intends to thoroughly explain the strategies implemented in Colombia to deal with the issues of transitional justice in an ongoing conflict and to illustrate the state of the art of the approaches to justice. In order to do so, we will show the limits of the retributive justice approach at both the national and the international level and propose the applicability of the restorative justice approach in dealing with mass victimisation. This debate becomes even more complex due to the shadow of the International Criminal Court (ICC), which has exerted great influence in implementing a dominant retributive oriented approach to the expenses of other ways of doing justice.