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

Annika Björkdahl, Louise Warvsten

Research output: Contribution to journal › Article › peer-review

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 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.

Original languageEnglish
Pages (from-to)636-657
Number of pages22
JournalInternational Journal of Transitional Justice
Volume15
Issue number3
DOIs
Publication statusPublished - 2021 Nov

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Subject classification (UKÄ)

  • Political Science

Free keywords

  • Colombian judicial system
  • Colombian peace process
  • friction
  • International Criminal Court
  • transitional justice

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