Indigenous judges at the special jurisdiction for peace : reimagining the role of transitional justice judges
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1364-2987; 1744-053X
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The international journal of human rights, 2025, OnlineFirst
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BRIES SILVA, Nina, Indigenous judges at the special jurisdiction for peace : reimagining the role of transitional justice judges, The international journal of human rights, 2025, OnlineFirst - https://hdl.handle.net/1814/78201
Abstract
In the wake of the 2016 Final Peace agreement, the Colombia Special Jurisdiction for Peace (JEP) was established as the court in charge of dealing with cases related to the armed conflict. For the first time in Colombian history and in a transitional justice context worldwide, Indigenous judges sat together on the bench of the JEP. Having the knowledge of both legal systems, i.e. the dominant Western legal framework and the laws of their respective indigenous communities, these judges could navigate between worlds and act as intercultural translators. Based on qualitative research conducted with the judges of the JEP and indigenous representatives of the victims, this article explores the role played by indigenous judges in facilitating the participation of indigenous groups within the transitional justice process and enhance the epistemic dialogue, while acting in the middle of power and opportunity. By investigating the experience of Colombia and analysing the work of the Indigenous judges, this article invites to reimagine the role of the judge in transitional justice.