Poemas de Marcos Ana, el poeta preso franquista más longevo.

When Peace and Justice Don’t Line Up: Restorative Lessons from Colombia.

Molly Bangs Editorial Associate, The Huffington Post

​

Indeed, after over 220,000 lives lost, 5 million displaced, tens of thousands of children forced to be soldiers, and countless victims of rape, forced sterilization,abduction, and extortion, Colombians cannot simply forgive and forget. And under the tenets of transitional justice, nor should they.

​

As Casey reported, “José Miguel Vivanco, the director of the Americas division at Human Rights Watch, said that while he supported an end to the war, the deal had ‘seriously undermined this opportunity for a sustainable and just peace,’ referring to past pledges the two sides had made that serious crimes would be punished.” For many Colombians, voting no meant voting for a better peace accord that would bring such war crimes to justice.

​

What are the takeaways of this failed deal for peace elsewhere, such as in Syria, following failed ceasefires despite negotiations with rebel factions, over which the United States has just suspended their own peace negotiations with Russia once more and the United Nations-moderated Geneva III talks remain dormant?

​

The Balancing Act of Justice and Reconciliation

​

Human rights scholar Tristan Anne Borer points to the tricky balance between justice and reconciliation, which are often connotated with retribution and amnesty, respectively. In Colombia, the lack of retribution, or punishment in the name of justice was foregone in favor of reconciliation, by granting rank-and-file FARC members amnesty in their reintegration of society. However, as Borer also states, “True reconciliation will not occur unless the perpetrators are forced to give something to the victims in exchange for receiving an amnesty.”

She further points to the nature of the political transition at hand—prosecutions as a part of transitional justice efforts, for one, are far more likely to occur when a former regime has completely collapsed (and the new leaders do not have to work with the old). This factor will be critical for the futures of cases such as Syria. There are numerous means through which this balance between justice and reconciliation can be worked toward.