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Part Two Rights, 7 The Rights of Victims and Transitional Justice

From: Colombian Constitutional Law: Leading Cases

Manuel José Cepeda Espinosa, David Landau

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.

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