Corporate accountability and transitional justice
Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contrib...
| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Chile
2015-10-01
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| Series: | Anuario de Derechos Humanos |
| Online Access: | https://anuariocdh.uchile.cl/index.php/ADH/article/view/37498 |
| Summary: | Traditionally, transitional justice processes do not
address the role of corporations in dictatorships
or in armed conflicts that give rise to the need for
dealing with grave and systematic human rights
violations. However, there is a growing awareness
that in many contexts corporations contribute to
these violations, often in the form of corporate
complicity with the principal violators. An argument
can therefore be made that to achieve the aims of
transitional justice and establish a holistic narrative
of the past as well as obtain justice and reparations
for victims requires investigating and addressing
the role of corporate actors. This article uses the
example of Colombia’s Justice and Peace process
to show some of the complexities, opportunities
and challenges that arise if transitional justice
measures focus primarily on criminal law and
create a specific legal framework, outside of the
ordinary justice systems, only for a limited group
of primary perpetrators, in the Colombian case for
members of the armed groups who demobilised. It
is argued that the exclusion of corporate actors in contexts where their role is regarded as significant
leads to victims seeking alternatives ways to obtain
justice and that both victims and corporations
would benefit if transitional justice mechanisms
addressed the role of corporations. |
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| ISSN: | 0718-2058 0718-2279 |