Transitional Justice in Post-Conflict Countries: The “Arab Spring” States as a Model
Keywords:
Transitional justice, traditional justice, armed conflict, human rights violations, reparations, national reconciliation, commissions of inquiry and reconciliationAbstract
Transitional justice is "the set of strategies, programs, mechanisms and judicial and non-judicial procedures that are followed in order to understand and address the past of human rights violations, by revealing their truth, accountability and accountability of those responsible, reparation and rehabilitation of victims, in order to achieve national reconciliation, preserve and document the collective memory, establish guarantees of non-recurrence of violations, and move from a state of tyranny to a democratic system that contributes to the consolidation of the human rights system". The need for transitional justice usually arises after civil wars when traditional justice is unable to carry out the functions of the administration of justice, due to its weak and corrupt institutions. The philosophy of transitional justice is based on restoring citizens ' trust in the state. Transitional justice is a special type of justice, although it shares objectives with traditional justice. Transitional justice mechanisms vary from state to state and from experience to experience, but can be reduced to three ways: investigation and criminal prosecution; fact-finding (truth commissions); and reparation and compensation for victims. The study reached several results, including: the philosophy of transitional justice is based on restoring the confidence of citizens in the state. To overcome self-fulfilling crimes, civil wars, terrorism transitional justice must be used.
Downloads
References
Samahdaneh, Abd., & Khalil, H. (2012).Transitional Justice and Reconciliation Committees in the Light of Democratization: An Empirical Study on the Arab Republic of Egypt Paper presented at the conference: Justice between reality and hope, Egypt, Alexandria University, Arab Republic of Egypt.
Benyoub, A. (2013). Transitional Justice: Concept, Origin and Experiences. The Arab Future Journal, 413.
Salem, A. (2012). Transitional justice between reality and law, paper presented at the Conference: National Reconciliation, its Concept, Importance, Controls, Mechanisms, Obstacles, Asmara University of Islamic Sciences, Libya.
O’shea, A. (2002). Amnesty for crime in international law and practice. Hague: Kluwer Law international.
Bassiouni, Ch. (1999). The need for international accountability. New York: Transnational publishers.
Kassi, F. (2016). Experiences of Transitional Justice in the African Continent: A Truth and Reconciliation Commission in Sierra Leone as a Model. African Readings, 27.
Haldemann, F. (2008). Another Kind of Justice: Transitional Justice as Recognition. Cornell International Law Journal, 41.
Joudeh, Gh. (2005). What's After the Change in Iraq: Introductions to the Transitional Justice Project. Baghdad: the Egyptian library.
Atrash, H. (2016). Contradictions between international norms and political measures in the paths of transitional justice. Libyan international journal, 15.
El-Ouimmer, H. (2016). The Role of Truth Commissions in Promoting Reconciliation: Equity in Morocco as a Model. Al-Manara Journal for Legal and Administrative Studies, 14.
Méndez, J. (1997). Accountability for Past Abuses. Human Rights Quarterly, 19.
Sadat, L. (2006). Exile, Amnesty and International Law, Notre Dame Law Review.
Mawlay, Abd. (2015). The philosophical foundations of the concept of transitional justice: a preliminary approach. Tabayon Journal for intellectual and cultural studies, 11.
Al Ghosein, M. (2010). Trnasitional justice: theoretical and practical study, [Master thesis, Faculty of Economy and political science], Cairo University.
Abdelbaqi, M. (2015). Explanation of the Palestinian Penal Procedure Law No. 3 of 2003: A Comparative Study. Birzeit University.
Mousa, M. (2015). Legislative, judicial and administrative procedures for the transitional justice phase. Journal of Law for Economic and Legal Research, 1.
Qarqouri, M. (2014). Transitional justice in Tunisia between the need for reconciliation and the obsession with revenge. Journal of Legal Research and Studies, 9.
Kalhoun, N. (2014). The Dilemmas of Transitional Justice in the Transition from Totalitarian to Democratic Countries. Birzeit: Arab Research and Publishing Network.
Hayner, P. (1993). Unspeakable Truths: Facing the Challenge of Truth commissions. New York.
Ziyadeh, R. (2007). Transitional justice as an entry point to re-establish the legitimacy of the Arab state, Journal of Contemporary Arab Thought, 140.
Harouri, S. (2015). Transitional Justice: A Reading in the Concept. Journal of Human and Social Science Generation, 14.
Saleh, T. (2014). Criminal accountability as one of the transitional justice mechanisms. Journal of legal and economic research, 20.
UN Secretary-General. (2004). The rule of law and transitional justice in conflict and post conflict societies, report of the secretary-general, UN.
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
