Scope of transitional justice in a context of criminal violence and state fragility. Notes on the Mexican case

Abstract

The scope of transitional justice has expanded over time, no longer exclusively concerning countries that have just transitioned to democracy and want to process a past of abuses, but also countries that suffer from internal armed conflicts or that have just emerged from one. That is, transitional justice is credited with the possibility of pacifying societies in conflict. This essay arises from the questioning of his ability to achieve peace agreements in a society like Mexico's, characterized by a crisis of criminal violence. The hypothesis articulating the research is that its potential to build peace depends on the interests and motivations of the groups involved, and the strength of state institutions. The objective is to show that, in the Mexican case, transitional justice cannot contribute to the pacification of the country, given the complex nature of criminal violence and the context of state fragility. This is a qualitative documentary research, which traces causal processes through which it links the failed experiences of transitional justice in the country with the explosion of criminal violence, and contributes to the understanding of the futility of trying to negotiate peace processes with criminal groups.