Transitional Justice ((Legal study)) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 1, Volume 5, 18 part 2, August 2016, Pages 226-306 PDF (0 K) | ||
| Authors | ||
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| Abstract | ||
| ABSTRACT Transitional justice become a term more heavily traded in recent decades, even though it is still ambiguous to many people due to the novelty of this term and the lack of its applications and experiments in the countries of the world, and the naming of transitional justice is due to political transformations which the legal experts and human rights defenders have wanted to highlight the human rights violations that committedby the ruling regimes without affecting the positives of change and political transformation. It is clear to us that the term transitional justice has two folds justice and transition. The UN organization played an important role in determining the transitional justice landmarks through an approach based on respect for the rule of law during periods of post-conflict.Transitional justice has been defined as:((full range of processes and mechanisms associated with the attempts being made by the community to understand the legacy of past abuses of large-scale in order to ensure accountability and to achieve justiceand reconciliation, and it may include these judicial and non-judicial measures both with varying levels of international involvement (or it may not absolutely existed) and the trials of individuals, compensation, and fact-finding, constitutional reform, and checking personal record for the detection of irregularities, separation or pair them together)). Transitional justice measures are not limited to judicial procedures of all criminal prosecutions, but augmented by other non-judicial measures, and that of the most prominent elements of transitional justice.The most important elements of transitional justicein addition to legal prosecutions are commissions of uncovering the truth, compensation and reparations, and institutional reform as well as national reconciliation and the preservation of memory. Despite the novelty of the term transitional justice, but we note that its roots and implications of returning to historical far eras, these rings were not connected and complementary to each other as they are now and as they should be already, and we find that the concept of transitional justice is aproportionalone varies according to time and place and what can be applied in one country may be difficult to apply in another country due to the different political, economic and cultural conditions among countries. As well as according to time factor, what can be applied in a given time may be difficult to apply in another time and that the different level of thinking, the different generations andeven though that the level of rights and violationsand how to deal with them are affected by different generations and their succession. In addition to that, transitional justice had sources which represent the deep layers from which drives its establishment and its true origins, those sources vary between man-made laws such as the United Nations Charter and the Universal Declaration of Human Rights and the conventions on human rights and regulations in the basic international criminal tribunals and the general principles of the law in addition to the opinions of scholars and religious sources.Finally, transitional justice is based on to the rules of international humanitarian law, the rules of international human rights law and the rules of international criminal law as its basic important foundations. | ||
| Keywords | ||
| Transitional Justice; Legal study | ||
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