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Negotiating Transitional Justice

Negotiating Transitional Justice
Firsthand Lessons from Colombia and Beyond


  • Publication planned for: January 2020
  • availability: Not yet published - available from January 2020
  • format: Hardback
  • isbn: 9781107187566

£ 79.99

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About the Authors
  • The recent ambitious peace negotiations in Colombia 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. Their many years working as scholars of war and transnational justice are brought to bear on their analysis of the decision to ensure transitional justice as part of the final deal. 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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    Product details

    • Publication planned for: January 2020
    • format: Hardback
    • isbn: 9781107187566
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from January 2020
  • 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)

  • Authors

    Mark Freeman, Institute for Integrated Transitions
    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 highest award.

    Iván Orozco, Universidad de los Andes, Colombia
    Iván Orozco is Associate Professor in the Department of Political Science at the Universidad de los Andes (Bogotá). 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 (1st edition, 1992).

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