Legal Pluralism and Transitional Justice in Colombia - Is the Special Jurisdiction for Peace a Hybrid Tribunal?

• 발행기관: 세계헌법학회 한국학회
• 저자명: Juan Sebastiá n Villamil Rodrí guez
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第26卷 第1號, 229~275쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.04.30

영문 초록

The Special Jurisdiction for Peace was the judicial mechanism chosen by the negotiating parties in Havana to overcome the Colombian armed conflict that lasted for more than five decades and split this country into violence. The universalist nature of this peace accord, and the open structure of the Colombian Constitution, compel the judges and the prosecutors of this special jurisdiction to apply international law on a regular base. This Transitional Jurisdiction relates to international law in the same way that most hybrid criminal tribunals do, and binds the domestic application of the law to the universal values of human rights. The unique legal nature of the SJP forces us to rethink the rigidity of the traditional system of law to favor a more dynamic and pluralist understanding of justice, often framed as postnational. This research highlights the necessity to understand the hermeneutics of transitional justice beyond the context of State sovereignty, and from the broader vision of the progressive internationalization of constitutional law.

목차

Introduction

1. The Colombian Armed Conflict

2. Transitional Justice and the Process of Internationalization of the Law

3. Transitional Constitutionalism and Control of Conventionality

4. Fast Track and the Constitutional Implementation of the Peace Accord

5. Is the Special Jurisdiction for Peace a Hybrid Tribunal?

6. Conclusions

키워드

Legal Pluralism Transitional Justice Internationalization of the Law Special Jurisdiction for Peace Hybrid Tribunals Control of Conventionality Constitutional Law Postnational Law Inter-American System of Human Rights