Negotiating Transitional Justice
Firsthand Lessons from Colombia and Beyond

An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.

Mark Freeman (Author), Iván Orozco (Author)

9781107187566, Cambridge University Press

Hardback, published 16 January 2020

264 pages
23.4 x 15.7 x 1.8 cm, 0.49 kg

'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

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.

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.

Subject Areas: Criminal law & procedure [LNF], Human rights & civil liberties law [LNDC], International human rights law [LBBR], Peacekeeping operations [JWLP], Human rights [JPVH], Crime & criminology [JKV], Hispanic & Latino studies [JFSL4], History of the Americas [HBJK], Peace studies & conflict resolution [GTJ]