ABSTRACT

Societies emerging from periods of conflict or repression characteristically try to address past wrongs using processes that are not criminal punishment. There is, however, deep disagreement as to whether justice is achieved with alternate measures such as amnesty or a truth commission. What are the appropriate standards of justice to use when evaluating various responses to wrongdoing in transitional circumstances? To answer this question, this chapter first articulates the circumstances of justice characterizing transitional societies. It then argues that justice in transitional circumstances is aimed at transforming the political relationships among citizens and between citizens and officials in a society, and at doing so in a just manner by treating victims and perpetrators fairly. The chapter then turns to the Colombian peace process with the Revolutionary Armed Forces of Colombia. The chapter evaluates the justice of the Colombian Final Agreement, which depends on the extent to which the envisioned transitional justice processes contribute to societal transformation and treat victims and perpetrators fairly and appropriately, and on the implementation of these commitments.