scholarly journals MECANISMOS DE REPARACIÓN A LAS VÍCTIMAS DEL CONFLICTO ARMADO EN EL MARCO JURÍDICO DE LA JUSTICIA TRANSICIONAL Y LOS DESAFÍOS FRENTE A SU IMPLEMENTACIÓN

2019 ◽  
Vol 11 ◽  
pp. 95-105
Author(s):  
DEISI MONTES ◽  
◽  
ESPERALDA PEREZ ◽  
RUTH TAVERA

Colombia is a country that has been characterized for living in an internal armed conflict by decades, the conflict has been left an untold balance of victims who has been exposed to every possible kind of cruelty, setting up a violation to theirs humans rights. It is therefore that the government has been adopted mechanics to make disappear the effects of the violations and make the victims get back to the point where there is no violation, nonetheless the measure that has been adopted, are inefficient and a lot of times ineffective, because there is converging factors like the unwillingness of the government and their institutions.

2020 ◽  
Vol 12 (1) ◽  
pp. 150-196
Author(s):  
A. A. Manukhin

In the present paper the author continues the study of the challenges faced by Colombia in its struggle to overcome the internal armed conflict, as well as the role of the United States in this process. By 2010 the confrontation between the government forces and the armed rebels had reached a breaking point opening the way to a successful conclusion of the Government of Colombia–FARC peace negotiations and the beginning of the country’s post-conflict reconstruction. The paper thoroughly examines the negotiations process, identifies the key disputed issues and the measures outlined for their resolution, including mechanisms of transitional justice, agrarian reform, programmes for demobilization and reintegration of the former combatants. The results of these talks laid the foundation for the historic Peace Accord of September 26, 2016. However, against all hopes and expectations, the agreement failed to bring an end to the long-standing internal conflict in Colombia. The failure of the national referendum, which was designed to approve the agreement, not only revealed deep divisions in the society, but forced the government to make serious concessions to the opponents of the negotiations with FARC. The author emphasizes the growing erosion of the hard-won consensus in the Colombian society, accompanied by the consolidation of the right-wing conservative camp. In this context the role of external sponsors of the peaceful agreement in general and the United States in particular becomes crucial. The paper presents a comparative analysis of approaches to providing aid to Colombia demonstrated by the administrations of Barack Obama and Donald Trump. The author concludes that despite substantial differences, for both administrations the ultimate objective was national security of the United States. That was clearly demonstrated by the fact that the US foreign aid to Colombia focused primarily on the fight against the illegal production of and trafficking in drugs, while the issues of peacebuilding and post-conflict reconstruction received less attention. Assessing Colombia’s experience in overcoming the internal conflict and the role of the United States in that process, the author concludes that although prioritization of security issues may have a considerable organizing potential, at the same time it may be detrimental to the process of post-conflict reconstruction in general.


1996 ◽  
Vol 9 (1) ◽  
pp. 37-61 ◽  
Author(s):  
Roy S. Lee

The Rwanda Tribunal is an independent judicial institution established by the Security Council under Chapter VII of the UN Charter. It is the first international court having competence to prosecute and punish individuals for egregious crimes committed during an internal armed conflict. While the Government of Rwanda was a member of the Security Council and participated in the negotiations regarding the creation of the Tribunal, there were significant differences of opinion between it and the Council regarding the Tribunal's jurisdiction and competence. This article discusses the special features of the Rwanda Tribunal, as compared to the Yugoslavia Tribunal.


2020 ◽  
Vol 5 (1) ◽  
pp. 43-53
Author(s):  
Faiz Bakhsh ◽  
Muhammad Asif Safdar

The post 9/11-armed conflict in Afghanistan resulted in the displacement of millions of Afghans and many of these displaced persons entered Pakistan as refugees. Moreover, the involvement of Pakistan in the conflict as an ally to NATO claimed Pakistan an internal armed conflict that displaced waves and waves of internal displacements. Repatriation is considered as a durable solution of the refugee problem. It is the responsibility of the host state to plan for safe and voluntary return of refugees and the UNHCR plays a supportive role in complying with this responsibility. However, the principles of safety, voluntariness and dignity are preserved during repatriation. To comply with the legal framework for refugees regarding repatriation, Pakistan had been struggling a lot in the context of the ongoing armed conflict in both Afghanistan and Pakistan. UNHCR has been helping and assisting the government of Pakistan in planning and executing the safe and voluntary Afghan refugees. This cooperation between the UNHCR and Pakistan has remained effective in achieving the goal of repatriation of Afghan Refugees in the context of ongoing conflicts in both Afghanistan and Pakistan in the context of difficult circumstances  This paper discusses the repatriation of the Afghan refugees from Pakistan, engineered by the UNHCR and Pakistan, under the legal framework applicable for safe and voluntary return of refugees, amid waves of repeated displacements due to the ongoing conflicts in Afghanistan and Pakistan.


Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.


2021 ◽  
Vol 21 (3) ◽  
Author(s):  
Oscar V. Bautista-Cespedes ◽  
Louise Willemen ◽  
Augusto Castro-Nunez ◽  
Thomas A. Groen

AbstractThe Amazon rainforest covers roughly 40% of Colombia’s territory and has important global ecological functions. For more than 50 years, an internal war in the country has shaped this region. Peace negotiations between the government and the Revolutionary Armed Forces of Colombia (FARC) initiated in 2012 resulted in a progressive de-escalation of violence and a complete ceasefire in 2016. This study explores the role of different deforestation drivers including armed conflict variables, in explaining deforestation for three periods between 2001 and 2015. Iterative regression analyses were carried out for two spatial extents: the entire Colombian Amazon and a subset area which was most affected by deforestation. The results show that conflict variables have positive relationships with deforestation; yet, they are not among the main variables explaining deforestation. Accessibility and biophysical variables explain more variation. Nevertheless, conflict variables show divergent influence on deforestation depending on the period and scale of analysis. Based on these results, we develop deforestation risk maps to inform the design of forest conservation efforts in the post-conflict period.


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