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Truth and Reconciliation Commissions and the Colombian Justice and Peace Law and Victims

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Date Issued:
2015
Summary:
This dissertation answers the question of what the proper balance is for victims with respect to the formation of a truth or truth and reconciliation commission that is formed to address the aftermath of an authoritarian regime or armed conflict. A review of the historical operation of entities that have operated in the aftermath of authoritarian regimes and armed conflict is conducted in this dissertation. From the Nuremberg and Tokyo trials to the present day, nations have struggled to try to devise a systematic way to deal with the aftermath of harm caused to victims as a consequence of authoritarian regimes and armed conflict. An examination of the various past truth and reconciliation commissions, the International Criminal Court, and various treaties is here juxtaposed with the Colombian Justice and Peace program implemented a decade ago to bring about peace and reconciliation in Colombia. This dissertation concludes that an entity formed with the purpose of achieving the proper balance for victims of an authoritarian regime or armed conflict, must have a truth-telling component that works in tandem with a specialized court conceived with the objective of operating alongside the commission. Thus, while there is a punitive aspect, the focus is more on the relationship between the events, solutions, and relief provided for victims. An entity with such a focus has various components, including truth-telling and some form of sanction or punishment, but always with the betterment of the past, present, and future victims as well as the subject society or country as its priority. In that vein, a set of proposed flexible guidelines are presented as the culmination of this dissertation. The flexible guidelines proposed here set forth a balanced system between the commission and the court that will provide for both punishment and reconciliation for particular countries and the victims.
Title: Truth and Reconciliation Commissions and the Colombian Justice and Peace Law and Victims.
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Name(s): Yera, Evelio Jesus, author
Morton, Jeffrey S., Thesis advisor
Florida Atlantic University, Degree grantor
Dorothy F. Schmidt College of Arts and Letters
Department of Political Science
Type of Resource: text
Genre: Electronic Thesis Or Dissertation
Date Created: 2015
Date Issued: 2015
Publisher: Florida Atlantic University
Place of Publication: Boca Raton, Fla.
Physical Form: application/pdf
Extent: 332 p.
Language(s): English
Summary: This dissertation answers the question of what the proper balance is for victims with respect to the formation of a truth or truth and reconciliation commission that is formed to address the aftermath of an authoritarian regime or armed conflict. A review of the historical operation of entities that have operated in the aftermath of authoritarian regimes and armed conflict is conducted in this dissertation. From the Nuremberg and Tokyo trials to the present day, nations have struggled to try to devise a systematic way to deal with the aftermath of harm caused to victims as a consequence of authoritarian regimes and armed conflict. An examination of the various past truth and reconciliation commissions, the International Criminal Court, and various treaties is here juxtaposed with the Colombian Justice and Peace program implemented a decade ago to bring about peace and reconciliation in Colombia. This dissertation concludes that an entity formed with the purpose of achieving the proper balance for victims of an authoritarian regime or armed conflict, must have a truth-telling component that works in tandem with a specialized court conceived with the objective of operating alongside the commission. Thus, while there is a punitive aspect, the focus is more on the relationship between the events, solutions, and relief provided for victims. An entity with such a focus has various components, including truth-telling and some form of sanction or punishment, but always with the betterment of the past, present, and future victims as well as the subject society or country as its priority. In that vein, a set of proposed flexible guidelines are presented as the culmination of this dissertation. The flexible guidelines proposed here set forth a balanced system between the commission and the court that will provide for both punishment and reconciliation for particular countries and the victims.
Identifier: FA00004558 (IID)
Degree granted: Dissertation (Ph.D.)--Florida Atlantic University, 2015.
Collection: FAU Electronic Theses and Dissertations Collection
Note(s): Includes bibliography.
Subject(s): International Criminal Court.
Colombia--Politics and government--1974-
Criminal procedure (International law)
Political violence--Colombia--History--21st century.
Justice, Administration of--Colombia--History--21st century.
Transitional justice.
Reconciliation.
Nation-building--Colombia.
Held by: Florida Atlantic University Libraries
Sublocation: Digital Library
Links: http://purl.flvc.org/fau/fd/FA00004558
Persistent Link to This Record: http://purl.flvc.org/fau/fd/FA00004558
Use and Reproduction: Copyright © is held by the author, with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.
Use and Reproduction: http://rightsstatements.org/vocab/InC/1.0/
Host Institution: FAU
Is Part of Series: Florida Atlantic University Digital Library Collections.