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Friction in Transitional Justice Processes : The Colombian Judicial System and the ICC

Björkdahl, Annika LU and Warvsten, Louise (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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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}},
}