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 language | English |
|---|---|
| Pages (from-to) | 636-657 |
| Number of pages | 22 |
| Journal | International Journal of Transitional Justice |
| Volume | 15 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - 2021 Nov |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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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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