El desplazamiento forzado en los intersticios de la justicia transicional: Oportunidades y riesgos

Currently, the field of transitional justice is applied mainly in (post)conflict settings, which is why theorists have begun to argue in favor of the adoption of policies of truth, justice, reparation and guarantees of non-repetition in matters related to forced displacement. This article critically analyzes these arguments and concludes that, when dealing with forced displacement, the existing humanitarian protection framework, inspired by a distributive rationality, must prevail over the corrective rationality that informs transitional justice. Otherwise, this can lead to discriminatory treatment among displaced persons, the absorption of resources that could be used to address the most pressing issues for that population, and the current protection framework may suffer setbacks. The challenge that arises is how to give priority to the humanitarian framework at a time when corrective measures, in the form of transitional justice, seem to have become the rule.