ASPECTS AND CHARACTERISTICS OF TRANSITIONAL JUSTICE, IN LIGHT OF THE REQUIREMENTS OF INTERNATIONAL CRIMINAL LAW; APPLIED TO THE INTERNAL CONFLICT THAT AROSE IN COLOMBIA WITH THE AGREEMENT FOR THE TERMINATION OF THE ARMED CONFLICT AND THE CONSTRUCTION OF A
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| Formato: | artículo original |
| Estado: | Versión publicada |
| Fecha de Publicación: | 2023 |
| Descripción: | The application of Criminal Law turns out to be the most aggressive coercive form that a modern State has, to achieve the punishment of human behavior that has been defined as a crime within its legal system. The nature of this branch of law turns out to be rude, both for the person who committed the deviant conduct, as well as for the victim; who on many occasions, does not consider repaired the damage caused, by the mere imposition of a prison sentence for the perpetrator. The excessive imposition of prison by the States (unnecessary and useless on many occasions), has made it clear that it has not achieved the purposes of special and general positive prevention of the substantive norm; Therefore, it is necessary to explore other mechanisms to achieve the restoration of social peace, the rehabilitation of the active subject, as well as to achieve the satisfaction of the victim within the criminal process. Tools such as restorative justice, or Transitional Justice, seem to be opportune responses to face the social conflicts that are exposed in each of these procedures. Transitional Justice contains its own characteristics, respectful of International Law, seeks to achieve peace objectives, through innovative actions that include the use of criminal and extra-criminal mechanisms; those that seem to be opportune to reach the "sensitive fibers" that Criminal Law has not been able to reach, while helping to lay the foundations for a new path to obtain peace in society. Sometimes it is easier to understand the scope of a work model when it is in practice; By virtue of this, it is intended to explore this vision of International Criminal Law, based on what has been experienced in the nation of Colombia for more than 50 years, and its efforts to achieve a healthy coexistence, including the ideals of Transitional Justice. |
| País: | Portal de Revistas UCR |
| Institución: | Universidad de Costa Rica |
| Repositorio: | Portal de Revistas UCR |
| Lenguaje: | Español |
| OAI Identifier: | oai:portal.ucr.ac.cr:article/57393 |
| Acceso en línea: | https://revistas.ucr.ac.cr/index.php/RDMCP/article/view/57393 |