Friction in Transitional Justice Processes : The Colombian Judicial System and the ICC
(2021) In International Journal of Transitional Justice 15(3). p.636-657- Abstract
With the aim of understanding how the International Criminal Court (ICC) affects peace processes, this article examines the Colombian peace and justice processes through the lens of friction. It investigates frictional encounters between the Colombian judicial system and the ICC, in order to reveal the tensions in this relationship. First, we disaggregate the concept of friction and propose three different types of frictional encounters - conceptual, normative and jurisdictional - in transitional justice processes. Second, we investigate different responses to these frictional encounters, such as compliance, adaptation, co-option and resistance. Finally, we find that responses to frictions generate hybrid judicial outcomes, such as a... (More)
With the aim of understanding how the International Criminal Court (ICC) affects peace processes, this article examines the Colombian peace and justice processes through the lens of friction. It investigates frictional encounters between the Colombian judicial system and the ICC, in order to reveal the tensions in this relationship. First, we disaggregate the concept of friction and propose three different types of frictional encounters - conceptual, normative and jurisdictional - in transitional justice processes. Second, we investigate different responses to these frictional encounters, such as compliance, adaptation, co-option and resistance. Finally, we find that responses to frictions generate hybrid judicial outcomes, such as a hybrid, intersubjective understanding of justice, a hybrid sanctioning regime as well as hybrid complementarity. The article concludes that the ICC influenced the Colombian peace process, while the Colombian judicial system complied with the requirements of the ICC thereby demonstrating agency, flexibility and innovation and ensuring its judicial sovereignty.
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- author
- Björkdahl, Annika LU and Warvsten, Louise
- organization
- publishing date
- 2021-11
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Colombian judicial system, Colombian peace process, friction, International Criminal Court, transitional justice
- in
- International Journal of Transitional Justice
- volume
- 15
- issue
- 3
- pages
- 22 pages
- publisher
- Oxford University Press
- external identifiers
-
- scopus:85126599266
- ISSN
- 1752-7716
- DOI
- 10.1093/ijtj/ijab018
- language
- English
- LU publication?
- yes
- id
- c5a51c70-c824-430d-a973-97d44733818f
- date added to LUP
- 2022-05-02 15:04:01
- date last changed
- 2022-05-02 17:00:29
@article{c5a51c70-c824-430d-a973-97d44733818f, abstract = {{<p>With the aim of understanding how the International Criminal Court (ICC) affects peace processes, this article examines the Colombian peace and justice processes through the lens of friction. It investigates frictional encounters between the Colombian judicial system and the ICC, in order to reveal the tensions in this relationship. First, we disaggregate the concept of friction and propose three different types of frictional encounters - conceptual, normative and jurisdictional - in transitional justice processes. Second, we investigate different responses to these frictional encounters, such as compliance, adaptation, co-option and resistance. Finally, we find that responses to frictions generate hybrid judicial outcomes, such as a hybrid, intersubjective understanding of justice, a hybrid sanctioning regime as well as hybrid complementarity. The article concludes that the ICC influenced the Colombian peace process, while the Colombian judicial system complied with the requirements of the ICC thereby demonstrating agency, flexibility and innovation and ensuring its judicial sovereignty. </p>}}, author = {{Björkdahl, Annika and Warvsten, Louise}}, issn = {{1752-7716}}, keywords = {{Colombian judicial system; Colombian peace process; friction; International Criminal Court; transitional justice}}, language = {{eng}}, number = {{3}}, pages = {{636--657}}, publisher = {{Oxford University Press}}, series = {{International Journal of Transitional Justice}}, title = {{Friction in Transitional Justice Processes : The Colombian Judicial System and the ICC}}, url = {{http://dx.doi.org/10.1093/ijtj/ijab018}}, doi = {{10.1093/ijtj/ijab018}}, volume = {{15}}, year = {{2021}}, }