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| Daniel Hawkins |
The deal, brokered during four years of intense negotiations, has six chapters[2] and marks a novel attempt to seriously incorporate a platform for justice and victims within the more concrete process of ensuring that the insurgent armed group makes the transition from guerrilla struggle to electoral politics. The chapter on victims seeks to uphold three core elements via a form of transitional justice, based on truth, reparation and no repetition. All those who openly and completely profess their crimes will be accorded a form of non-incarcerated punishment, which will involve territorial seclusion together with community focused, reparation-type work. All other perpetrators of crimes against humanity who do not voluntarily confess will face jail time of 15 to 20 years. This model of justice moves beyond a Kantian and Hegelian understanding of punishment as retribution towards a Hobbesian understanding, wherein penance should focus on the reformation and education of the guilty party.





