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    Punishment and pardon: the use of international humanitarian law by the Special Jurisdiction for Peace in Colombia
    (Cambridge University Press, 2022-04-01)
    Transitional justice systems generally aim to achieve two goals. One is to bring the perpetrators of past atrocities to justice to ensure that they do not go unpunished, which involves the State fulfilling its duty to investigate, prosecute and punish serious human rights violations and breaches of international humanitarian law (IHL). The other is to bring about reconciliation to heal a divided society and achieve peace and stability. This normally requires the adoption of measures of clemency, such as granting amnesty, so that those who took part in the country's violent past can return to civilian life. The use of IHL is relevant in attaining both these goals because its complex nature means that it provides the legal basis for their implementation. However, this very complexity can mean that there are contradictions or complementarities between its characteristics. This article looks at the case of the Special Jurisdiction for Peace (JEP) in Colombia, showing how this transitional jurisdiction has used IHL as a legal basis both for investigating, prosecuting and punishing serious violations committed during the Colombian armed conflict and for granting amnesty to those who took part in the hostilities. These different uses by the JEP demonstrate that IHL is a flexible tool that can facilitate the process of delivering both justice and peace after a conflict has ended.
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    The dead and missing in armed conflict: Protections set out in the judgments of the European and Inter-American Courts of Human Rights
    (Cambridge University Press, 2025-08-01)
    In their analyses of specific cases involving armed conflict, the European Court of Human Rights and the Inter-American Court of Human Rights have acted as monitoring bodies for international humanitarian law (IHL) by factoring that body of law into their interpretation of human rights and State obligations set out in the European and American Conventions on Human Rights. In this article, the author argues that, in such cases, the two courts also acted as monitoring bodies for the rules of IHL designed to protect the dead and missing in both international and non-international armed conflicts. This monitoring function is apparent in the two courts' judgments, which uphold the obligations of States to search for and identify the dead and missing in armed conflicts, to bury the remains of the dead and to investigate unlawful deaths and cases of forcible disappearance. The author concludes that not only has IHL bolstered the interpretation of the European and American Conventions on Human Rights, but that those two instruments and their interpretation have expanded the content and scope of the rules of IHL that protect the dead and missing in armed conflict.
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    International Law and Intercultural Competence in Protection of Civilians: Focus on Children in Armed Conflict
    (2025-07-01)
    Background: Thousands of girls and boys are recruited and used in armed conflicts worldwide, serving in combat and noncombat roles. This issue transcends race, religion, and political systems and constitutes grave violations of international humanitarian law and human rights. Methods: This study employs a qualitative, interdisciplinary approach, analysing international legal frameworks, intercultural competence theory, case studies, and interviews with former child soldiers. Results: Findings reveal that cultural barriers significantly impede reintegration efforts and that intercultural competence among humanitarian actors and communities is essential for designing sustainable, inclusive, and culturally responsive reintegration programmes. Conclusion: Integrating intercultural training into child protection and peacebuilding strategies enhances the protection and reintegration of children affected by armed conflict, improving outcomes for former child soldiers and their communities.
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