The Special Jurisdiction for Peace: A Predominantly Retributive Model of Justice

被引:0
|
作者
Bula Beleno, Enith Carolina [1 ,2 ,3 ]
机构
[1] Univ Norte, Barranquilla, Colombia
[2] Univ Norte, Derecho Penal, Barranquilla, Colombia
[3] Univ Los Andes, Derecho, Bogota, Colombia
关键词
Special Jurisdiction for Peace (SJP); retributive justice; restorative justice; distributive justice; RESTORATIVE-JUSTICE; RIGHTS;
D O I
10.12804/revistas.urosario.edu.co/anidip/a.9908
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article analyses the justice model of Special Jurisdiction for Peace (SJP) and argues that it is predominantly retributive; in other words, the retributive component had greater weight in its design than the restorative and distributive ones. It starts by identifying the tensions between restorative, retributive, and distributive justice in transitional justice and places these tensions in the context of the design of the sjp during the negotiation of the peace agreement in Colombia. Based on this, it analyses these components in the SJP'S justice model, identifying how they relate to each other and how one is privileged over the other(s). It is evident that the retributive component was privileged, which did not allow to achieve the consolidation of a broader model of justice that, with more solid restorative and distributive components, would have greater possibilities of responding to the causes of the conflict and, therefore, preventing new massive forms of violence.
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页数:29
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