The recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter insurgency war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the 'devil's dilemma' of negotiating peace with justice implausible but feasible.
- Offers a general theoretical framework on the choices and challenges of negotiating transitional justice as part of a larger peace or political settlement
- Includes a first-hand account of the way transitional justice was negotiated in the Colombian peace talks with the FARC
- Provides a collection of political and philosophical essays on the place of victims and justice in a contemporary negotiation similar to the one in Colombia
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Reviews & endorsements
'This book is a rigorous, fascinating, and provocative analysis of the dramatic challenge faced when pursuing peace and, at the same time, accountability. The authors' robust, honest, and sometimes controversial reflections make this a must-read for those who want to understand the theory and practice of negotiating transitional justice and ending violent conflict. The lessons it offers can literally save lives.' Catalina Botero Marino, Dean of Law Faculty, Universidad de los Andes
'Transitional justice is a central issue in many peace talks, yet there is remarkably little literature focusing on how demands of accountability can be harmonised with political pragmatism. This book makes an original and important contribution, both in general theoretical terms and through the authors' firsthand account of the complex negotiation between the Colombian government and the FARC. I strongly recommend the book not only to scholars, but also to practitioners from the fields of mediation and transitional justice.' Christine Bell, University of Edinburgh
'What does it mean to negotiate justice and accountability issues inside a peace process? Drawing on their direct experience of the Colombian peace talks with the FARC, Freeman and Orozco have produced a book of exceptional intellectual honesty and mastery. Their ideas and insights could change the way diplomats, peacemakers, human rights activists, and warring factions of all sorts understand and deal with a key political dilemma of our time.' Thierry Cruvellier, Editor-in-Chief, JusticeInfo.net
'In this timely and seminal book, Freeman and Orozco address an issue at the heart of the current discussion on transitional justice in Colombia and beyond: How much justice - and what form - is needed to build lasting peace? This book should be required reading for anyone interested in tracing the development of the Colombian transitional justice model as well as in understanding the tough political discussions that accompanied this process.' Angelika Rettberg, Universidad de los Andes
'This book takes a unique approach in that it is divided into two distinct components, each written primarily by one of the two authors. The first part (by Freeman, Institute for Integrated Transitions, Spain) is a comprehensive overview of the issues surrounding negotiating justice in the context of a peace process. Freeman provides an excellent framework for understanding the topic, so this section will be particularly useful for undergraduates. The second part (by Orozco, Universidad de los Andes, Colombia) includes essays on the recently concluded Colombian peace process, in which both authors were involved as independent advisors. The book focuses on issues of justice but offers much more than that … This accessible book will be a valuable addition to the literature on peace, conflict, human rights, international law, and Latin American politics.' A. G. Reiter, Choice
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Product details
- Date Published: January 2020
- format: Paperback
- isbn: 9781316638156
- length: 264 pages
- dimensions: 227 x 152 x 15 mm
- weight: 0.4kg
- availability: In stock
Table of Contents
Part I. Negotiating Transitional Justice: A Conceptual Framework:
1. General considerations
2. The role of international law
3. Elements of practice
4. Conclusions
Part II. Negotiating Transitional Justice: The Case of Colombia
5. The context
6. The experience
7. Conclusions
Appendix 1: basic information about the Havana negotiation
Appendix 2: the legal framework for peace (2012)
Index.
Look Inside
Authors
Mark Freeman, Institute for Integrated Transitions, Barcelona
Mark Freeman is the founder and executive director of the Institute for Integrated Transitions (IFIT). He is the author of Necessary Evils: Amnesties and the Search for Justice (Cambridge, 2010) and Truth Commissions and Procedural Fairness (Cambridge, 2006), which received the American Society of International Law's Certificate of Merit.
Iván Orozco, Universidad de los Andes, Colombia
Iván Orozco is Associate Professor in the Department of Political Science at the Universidad de los Andes, Colombia. He is the author of several books - all published in Spanish - including Justica Transicional en tiempos del deber de memoria (2009), Sobre los Límites de la Conciencia Humanitaria (2005) and Combatientes, Rebeldes y Terroristas (1992).