RT Article
T1 Friction in transitional justice processes: the Colombian judicial system and the ICC
JF International journal of transitional justice
VO 15
IS 3
SP 636
OP 657
A1 Björkdahl, Annika 1970-
A2 Warvsten, Louise
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1845425340
AB 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.
K1 Colombian judicial system
K1 Colombian peace process
K1 Friction
K1 International Criminal Court
K1 Transitional Justice
DO 10.1093/ijtj/ijab018