The practice of kidnapping is a tragic Latin American phenomenon. Following the leads of the Nazi’s use of abducting opposition to the violent regime, the custom has spread throughout the continent and is employed by rebel groups and peoples in power alike. In addition to causing extreme distress for the victim and their relatives, forced disappearance poses a complex web of judicial challenges. The article explores this web, calling for a reformation of law in order to protect the rights of victims, to ensure throughout investigation and to prevent the practice of this atrocious crime in the future.

The objective of this study is to examine and analysis the Colombian government’s response to the need for transitional justice addressing the phenomenon of forced displacement due to guerrilla warfare. At the time of publication, the author concludes that current public policies are not sufficient to address the demands of this phenomenon, do not build upon past experience with this matter, nor do they protect the rights of the displaced peoples. Results of the study emphasize that current policy is not only inadequate, but actually ignores the necessity for transitional justice for displaced populations. Using research findings, the article concludes with recommendations for ways in which international cooperation and civil society can contribute to the attainment transitional justice on this issue.