Transitional justice and the law

Terms of Use:

Abstract

This study addresses the problematic relationship between transitional justice and law, as transitional justice represents a contemporary concept that is primarily associated with addressing issues of serious human rights abuses and violations in conflicts and situations resulting from the use of violence.

 Transitional justice combines the right to know the truth, the right to justice, the right to compensation and guarantees not to look back on past tragedies as part of a package of reforms aimed at strengthening the rule of law.

 This means that transitional justice is distinguished from traditional justice by the institutions on which it is based and the procedures followed, which requires a very sensitive balancing between the requirements of justice on one hand and the search for security and preventing the recurrence of past tragedies in the future. This leads to the emergence of legal situations in some cases that seem to contradict many of existing legal principles, whether at the international law level or within the framework of national laws, such as amnesty procedures and prevention policy of impunity.