Essay Sample on Transitional Justice: Prosecution, Truth Commissions, Reparations & Constitutional Reforms

Introduction

The transitional justice is made up of different judicial strategies and the non-judicial methods that are meant to addresses the legacies of the past human rights abuse. These methods include prosecution of criminals, the formation of the truth commissions, and making reparation programs together with other constitutional reforms. Transitional Justice came alive after its enactment during their political transition after a violent separation that affects the social stability informing the societies of the need to rebuild the fractured justice system and social Trust. I agree with this program because it caters to both the rebels and the leader's interest. In most cases, the rebels are ignored in agreements that sometimes do not last long. However, I agree with his position because it advocates for a complete reconciliation. The transitional Justice in Columbia has been successful to a large degree; however, they have failed to address the key concepts such as historical injustices and political participation.

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Is there Something Missing from this Approach?

Yes. Despite the success of this approach, it has failed to address methods that could be used after the disbarment of the rebels. Recently, International support in Latin America has an on the Colombian transitional process that brought an end to more than 50-year-old the government of the state and the armed groups aligned to the opposition known as the FARC-EP (Nussio, Rettberg, $ Ugarriza, 2015). The complexities surrounding truth Justice and reparation have been put in place strategies to ensure that the violence does not repeat itself through implementing the strategies of the special jurisdiction for peace. This approach could have laid the basic strategies that would be used by both [artoes in integrating the rebels into the community's normal lives. This way, they would be guaranteed their safety. The community will also be comfortable with them.

The revised peace agreement that took place between the government of Colombia and the FARC approved by the Congress in the year 2016. This peaceful agreement covers fundamental ideas such as the destiny of the rebels, especially after the end of one of the longest civil wars in the world (United Nations, 2014).

Would it be Feasible to Apply These Elements to the Situation of the Residential Schools in Canada or in Any Other Country of the Americas?

No. this approach may not be appropriate for some countries such as Canada. However, it could work for countries that are also hit by war and constant protests and rebellion. There are basic concepts of why this is a different negotiation with a different framework. The main limitations of this framework are that it does not fully recognize the interest of the rebel groups by assuming that they will integrate into the lives of the regular civilians. Also, it has failed to give the strategies it will use to address historical injustices. The main interest of the rebels is to have a certain degree of power in the political position (Capone, 2017). Without addressing this missing approach, it would still be difficult to find a peaceful resolution in Colombia.

The final agreement to end the conflict is supposed to establish a stable, peaceful resolution that would last for a long time. The deal has sets of documentations of agreements interconnected on different issues. The critical idea covered include the real reforms, ceasefire, political negotiation, and discernment, use of illegal drugs, implementation mechanisms that are treated as a whole (Olasolo, $ Ramirez Mendoza, 2017). The ruling of the El Mozote massacre in the village of Morazán el Salvador was the start of a long-lasting peace has the government apologized for the massacre. The verdict was meant to look into the massacre that killed hundreds of people and the people who are responsible.it was, therefore, the initial step towards achieving the peaceful resolution (García-Sayán et al., 2012)

The agreement also said a system that is integrated for justice and establishes several mechanisms covering judicial and non-judicial preparations (Harrington, 2012). However, the agreement has failed to look into past injustices, such as the rulings of the El Mozote massacre. Some of these include amnesty and pardon for the former members of the rebel group FAEC as well as special treatment that is offered to the state officials, setting up a truth commission that would cater to past injustices and an exclusive tool jurisdiction that deals with peaceful administration. Other measures include a particular unit that would be charged with the responsibility of looking for the missing persons. This agreement has several limitations that fail to cover power-sharing procedures judicial transition. However, it is the initial stage of finding a peaceful resolution to the long-lasting war in Columbia.

References

Nussio, E., Rettberg, A., & Ugarriza, J. E. (2015). Victims, nonvictims, and their opinions on transitional justice: findings from the Colombian case. International Journal of Transitional Justice, 9(2), 336-354.

Nussio, E., Rettberg, A., & Ugarriza, J. E. (2015). Victims, nonvictims, and their opinions on transitional justice: findings from the Colombian case. International Journal of Transitional Justice, 9(2), 336-354.

United Nations (2014) Promotion of truth, justice, reparation, and guarantees of non-recurrence*

Capone F. (2017); An Overview of the DDR Process Established in the A昀termath of the Revised Peace Agreement between the Colombian Government and the FARC: Finally, on the Right Track? Senior Researcher in Public International Law and Coordinator of the Masters 1-6

Olasolo, H., & Ramirez Mendoza, J. M. (2017). The Colombian integrated system of truth, justice, reparation, and non-repetition. Journal of International Criminal Justice, 15(5), 1011-1047.

Harrington, A. R. (2012). Life as We Know It: The Expansion of the Right to Life Under the Jurisprudence of the Inter-American Court of Human Rights. Loy. LA Int'l & Comp. L. Rev., 35, 313.

García-Sayán D., Ventura Robles M., Et Al., (2012); Inter-American Court Of Human Rights Case Of The Massacres Of El Mozote And Nearby Places V. El Salvador Judgment Of October 25, Pp.1-12 (Merits, Reparations, And Costs)