MADRID – The relationship between peace and justice has long been the subject of polarizing debates. Some argue that the pursuit of justice impedes conflict-resolution efforts, while others – including International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda – contend that justice is a prerequisite for peace. As President Juan Manuel Santos leads Colombia through the most promising peace talks in five decades of brutal conflict with the Revolutionary Armed Forces of Colombia (FARC), he will have to consider this question carefully.
The Nuremberg trials, which followed Nazi Germany’s unconditional surrender in World War II, provide an ideal model for post-conflict justice. But, in conflicts in which no side has been defeated, the peacemaker’s job becomes more challenging. Given what is at stake, a trade-off between reconciliation and accountability may well be inescapable.