Business Actors, Paramilitaries and Transitional Criminal Justice in Colombia

Abstract

Abstract∞ In internal armed conflicts, business actors often play an important role. Yet, their criminal responsibility is rarely addressed in transitional justice (TJ). This article presents a case study of the Colombian transition process with respect to the paramilitaries, which has resulted in hundreds of criminal investigations against business actors in the ordinary justice system. Nonetheless, the large majority continues in impunity. Based on qualitative interviews with public prosecutors, the article analyzes the main obstacles to holding them accountable, arguing that TJ processes should give more emphasis to the private-sector supporters of armed groups so as to prevent the recurrence of violence.

Shredded

“…36 To do so, in what follows, we first offer an overview of the conflict(s) in Colombia, contextualizing the ways in which the battles for peace and justice have been waged since the last century. We focus on the interactions between the last peace processes and activities of (mis)information in Colombia's 'forgotten peaces', 37 and place the 'Peace and Justice' process of 2005 in conversation with the contemporary Habana agreement. 38 We then offer a similar overview of the same struggles related to misinformation and the JEP in and after the Habana process.…”