International practice in the field of transitional justice

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Nasreddine BOUSMAHA

Abstract

The study deals specifically with the role played by international organizations, under the impetus of the United Nations, in perpetuating the concept of transitional justice in order to support the State in transition following the end of an armed conflict or the exit from the stage of a totalitarian regime, in order to build and consolidate the rule of law within the framework of an internal situation which it lacks The simplest elements allowing it to do so, such as the total collapse or part of state institutions, its involvement in human rights violations or its lack of the necessary expertise and experience.


 This study has focused on the Charter and the practice of the United Nations as a reference in the exercise of this role in the light of its experience in many countries, rather than drawing on the experiences of individual countries which may express special situations that are not suitable for another country. The practice of the United Nations has resulted in the elaboration of a few normative rules or the dedication of proven effective practices, which are placed before countries in similar situations to benefit from them, in order to achieve its primary objective which is to restore security without compromising the demands of justice and the construction of the rule of law. For example with regard to institutional reform, the accountability of those responsible for violations, the rehabilitation of victims and the payment of compensation.

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How to Cite
BOUSMAHA, N. (2013). International practice in the field of transitional justice. Journal of Law, Society and Authority , 2(1), 21-30. https://doi.org/10.52919/lsa.v2i1.130
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