Is it Already Too Late for Colombia’s Land Restitution Process?

The Impact of International Investment Law on Transitional Justice Initiatives

In: International Human Rights Law Review
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  • 1 University of Aarhus, Denmark

Approximately five million people were forcefully displaced by the civil war in Colombia. The 2011 Colombian Victims’ Law is intended to provide property restitution to some of the individuals displaced as a result of human rights and humanitarian law violations. During the conflict, however, land titles and property rights were transferred to corporations, including foreign corporations protected by international investment law. The impact of the restitution process outlined in the Victims’ Law on foreign corporations raises concerns that international investment law may inhibit the full realisation of the Victims’ Law’s restitution process. This article uses the Colombian context to explore broader issues of the impact investment law’s protection of foreign corporations can have on transitional justice initiatives aimed at remedying and redressing serious and systematic human rights and humanitarian law violations.

  • 1

     See R Goyes, ‘Land Uses and Conflict in Colombia,’ in Brisman, et al., Environmental Crime and Social Conflict: Contemporary and Emerging Issues (Ashgate, 2015) 75 at 79.

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  • 12

     See, eg, C Voelkel, ‘Three Reasons why Colombia’s Land Reform Deal is Significant,’ Blog: Crisis Group Blog, 28 May 2013, available at <http://blog.crisisgroup.org/latin-america/ 2013/05/28/three-reasons-why-colombias-land-reform-deal-is-significant/>.

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  • 48

    Ibid, at para 347, citing Law 31 (1967).

  • 116

    Ibid, Art 3 (1947).

  • 128

    Convention against Corruption 2005, 2349 unts 41, Arts 15–18.

  • 131

    Convention against Corruption 2005, supra n. 128, Art 57.

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