"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 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.

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.

Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

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.