Toward a new amnesty : the Colombian peace process and the Inter-American Court of Human Rights
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Tulane journal of international and comparative law, Vol. 22, issue 1, winter 2013, p. 119-144
The article discusses the peace process in Colombia as of November 2013. Presently, the Colombian conflict which originated during the Cold War, has three main actors: the State, the Revolutionary Armed Forces of Colombia (FARC) and the paramilitaries. Negotiating the end to an internal armedconflict within the current international law regime poses unique challenges to national governments. Although the executive and legislative branches of the Colombian governemnt have expressed a willingness to grant complete amnesty to demobilized FARC combatants, Colombia's obligations under customary international law and treaty law have significantly impaired the state's ability to negotiate an end to the conflict. The article shows how the Inter-American Court of Human Rights strict amnesty jurisprudence is currently holding the Colombian peace process hostage.