Seeking balance
The role of Article 6(5) of Additional Protocol II in balancing justice and peace in transitions from armed conflict to peace
Bibliographic Data
| ID | 12854106 |
|---|---|
| Authors | Juana Acosta (0000-0002-1973-6777, Universidad de La Sabana, corresponding author) |
| Year | 2024 |
| Volume | 106 |
| Issue | 927 |
| Pages | 1132-1156 |
| Publication date | 2024-10-14 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of the Red Cross (JOURNAL) |
| Journal identifiers | ISSN: 1607-5889 • E-ISSN: 1816-3831 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1816383124000304 |
| OpenAlex | W4403379086 |
| Language | EN |
| References cited | 6 |
This article explores the role of Article 6(5) of Additional Protocol II to the Geneva Conventions in balancing justice and peace during transitions from armed conflict to peace. It argues that the provision, which encourages the granting of broad amnesties at the cessation of hostilities, requires a re-evaluation of the obligation to investigate, prosecute and punish under international law. By analyzing the legal context and scope of Article 6(5), as well as its application in transitional justice models such as in Colombia, the article highlights how the principle of peace can be prioritized alongside justice without undermining victims’ rights. The discussion critically addresses maximalist interpretations of justice, presenting a nuanced approach that foregrounds restorative justice and the importance of reconciliation in post-conflict societies
Armed conflict · Balance (ability · Criminology · Economic Justice · Political science · Protocol (science · Sociology · Global Peace and Security Dynamics · International Law and Aviation · International Law and Human Rights · Law · Medicine · Psychology
| Highly cited | No |
|---|