Published 2025-07-31
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Artículos de reflexión

Transitional justice: a humanizing and humanizable factor

DOI: https://doi.org/10.22490/26655489.9903
Jorge Andrés Arboleda Montalvo Asociación de Jovenes en Marcha (ASOJEM)
Adrián Esteban Cardozo Duque Asociación de Jóvenes en Marcha (ASOJEM)

There is a need to understand in depth how human factors influence the effectiveness of justice alongside efforts to implement reparation and reconciliation measures, one area that has not been identified is the connection between the humanisation of the judicial process and the satisfaction of victims with Alternative Justice within transitional justice as a vicarious aspect. The construction of a comprehensive reparation underlines polynomial factors present in the following objectives: 1) Characterise Martha Nussbaum’s theory of emotions and the interrelation of human rights and transitional justice with human factors. 2) Investigate the crime of enforced disappearance in international, criminal and constitutional law, its impact and its effect on collective memory. 3) Evaluate the case of ‘Lalinde and others vs. Colombia’ in the light of the theory of emotions, identifying and interpreting the reparation mechanisms applied. 4) Factor in the human concept of Transitional Justice in Colombia as an action or act from its significance to provide a precise definition. Victims and perpetrators, as subjects within the process, face a subjective field inherent to the condition of every human being, the feeling in front of the process, the question is how Transitional Justice, understanding emotions, achieves human factors? Through the collection of qualitative data as a methodology using a case analysis, this will seek to identify the great importance for the process, factoring takes precedence over any kind of pecuniary or symbolic reparation, as they are related to emotions. Martha Nussbaum has made pertinent insights by reminding us of the Latinism dura lex sed lex.

keywords: Armed Conflict, Emotions, Peace, Transitional Justice, Victims
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How to Cite

Arboleda Montalvo, J. A., & Cardozo Duque, A. E. (2025). Transitional justice: a humanizing and humanizable factor. Análisis Jurídico Político, 7(14), 231-260. https://doi.org/10.22490/26655489.9903
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