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Transitional Justice, the Denial of Agency and Victimhood of the Child: A Case Study on Former Child Soldiers in Colombia

Conflict
Political Violence
Transitional States
Identity
Charlotte Reed
Scuola Superiore Sant'Anna
Charlotte Reed
Scuola Superiore Sant'Anna

Abstract

This paper explores the complex legal and political situation regarding children associated with armed forces (child soldiers) in Colombia. It will discuss the related international and national laws and policies which currently enforce the sole notion of victimhood of the child which ultimately denies all agency. Conversely, minors associated with organized criminal groups, groups with similar characteristics to the armed groups that are believed to have emerged from demobilized paramilitary, are charged and institutionalized as delinquents. The paper will further discuss the challenges facing former child soldiers in Colombia in their reintegration and the role that transitional justice mechanisms might play in improving their reintegration experiences both through acknowledging individual culpability and improving societal acceptance of this oft stigmatized group. The paper concludes with recommendations in light of the current peace negotiations between the FARC and Colombian government and the potential for thousands of children to be demobilized.