In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

This book examines whether and how non-state armed groups might be required to provide reparations for the harm caused by their violations of international law committed during situations of non-international armed conflict. Most of today’s armed conflicts are waged between states and non-state armed groups or between such groups. Societies ravaged by these conflicts endure extensive harm resulting from violations of international humanitarian law and international human rights law. This reality prompts a series of pressing questions. Akin to states, should non-state armed groups be held responsible for making reparation when violating international law? And if so, what measures can these groups take to repair the harm they have caused? The book begins by clarifying if there exists, in contemporary international law, a duty for armed groups to provide reparation. It considers whether non-state armed groups have primary international obligations as distinct duty bearers, and whether reparation can be one of the legal consequences when violating these obligations. Subsequently, the book sheds new light on how non-state armed groups’ duty of reparation can be operationalised in international law. This involves elucidating both the conceptualisation and practical application of this duty. Combining this legal analysis with practical perspectives, the book unveils important insights for international law, drawn from an in-depth analysis of Colombia’s experiences with reparations by armed groups in the context of transitional justice. This book will be of interest to scholars and practitioners working in the fields of international law related to armed conflict, accountability and redress, and transitional justice more broadly.

Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.

Il 24 novembre 2016, il governo colombiano e le Fuerzas Armadas Revolucionarias de Colombia - Ejército del Pueblo (FARC-EP) hanno firmato un accordo volto a garantire una pace stabile e duratura alla popolazione colombiana. In seguito ad una guerra civile durata per più di cinquant'anni, il più influente gruppo di guerriglieri nel paese ha mostrato la sua determinazione a porre fine alla lotta armata contro lo Stato e a perseguire i suoi scopi politici e ideologici attraverso mezzi legali e democratici. Prendendo ispirazione dai recenti sviluppi riguardanti il caso colombiano, quest’opera mette in risalto il ruolo svolto dal Diritto Internazionale e dalle relative entità giuridiche all'interno del conflitto armato combattuto tra il governo colombiano e le FARC, nonché durante i negoziati che hanno portato alla firma dell’accordo di pace nel 2016. In particolare, il lavoro valuta la conformità delle parti belligeranti con gli obblighi stabiliti da tre principali rami del Diritto Internazionale: il Diritto Internazionale Umanitario, il Diritto Internazionale Penale e il Diritto Internazionale dei Diritti Umani. On November 24, 2016, the Colombian government and the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC-EP) signed a final peace agreement aimed at guaranteeing a reliable and long-lasting peace to Colombia and its population. After a civil war lasted for more than five decades, the main guerrilla movement in the country has shown its determination to pursue its ideological purposes through legal and democratic means, permanently abandoning insurgency and revolutionary political aspirations. By taking inspiration from the recent developments concerning the Colombian case, this study evaluates the role played by International Law and the relevant international legal entities within the armed conflict fought between the Colombian government and the FARC, as well as during the negotiations that led to the signature of the peace agreement in 2016. Specifically, it assesses the compliance of the belligerent parties with the obligations established by three main bodies of law: International Humanitarian Law, International Criminal Law, and International Human Rights Law.

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience. This book will be of much interest to students of peace and conflict studies, transitional justice, Latin American politics, human rights, civil wars and International Relations.

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.

High-Risk Feminism in Colombia documents the experiences of grassroots women’s organizations that united to demand gender justice during and in the aftermath of Colombia’s armed conflict. In doing so, it illustrates a little-studied phenomenon: women whose experiences with violence catalyze them to mobilize and resist as feminists, even in the face of grave danger. Despite a well-established tradition of studying women in war, we tend to focus on their roles as mothers or carers, as peacemakers, or sometimes as revolutionaries. This book explains the gendered underpinnings of why women engage in feminist mobilization, even when this takes place in a ‘domain of losses’ that exposes them to high levels of risk. It follows four women’s organizations who break with traditional gender norms and defy armed groups’ social and territorial control, exposing them to retributive punishment. It provides rich evidence to document how women are able to surmount the barriers to mobilization when they frame their actions in terms of resistance, rather than fear.