Almanac of law. Issue 13 (2022), pages 420–424.

DOI: 10.33663/2524-017X-2022-13-67

ISSN Print 2524-017X

Teplytska N. V.
The concept of transitional justice: genesis and features

Transitional justice is a set of measures related to systemic or large-scale human rights violations designed to compensate victims of violations and to facilitate or facilitate the transformation of political systems, conflicts and other conditions that may be the cause of violations. Different methods and components of transitional justice usually combine restorative justice measures (truth and reconciliation commissions) and a parallel system of punitive justice (mainly for those most responsible for the most serious crimes and their direct perpetrators).

In addition, transitional justice measures are aimed at reforming society’s institutions by restoring the rule of law and ensuring the functioning of the judiciary in the long run. At the same time, their goal is to ensure that crimes committed during the previous period do not go unpunished.

Transitional justice is based on the responsibility and compensation of victims. It recognizes their dignity as citizens and as human beings. Ignoring mass abuses is a simple way out, but it destroys the values on which any decent society can be built.

Transitional justice raises the most difficult questions of law and policy imaginable. Putting victims and their dignity first signals the path to new commitments to ensure the safety of ordinary citizens in their own countries - from abuse of power and effectively protected from harm by others. The historical development of transitional justice is nonlinear, and its conceptual definitions are descriptive and inexhaustible. In this context, countries in conflict or already in conflict have the opportunity to choose the most appropriate measures and mechanisms to achieve the ultimate goal of transitional justice in that country - justice for victims of conflict and the restoration of peaceful life. At the same time, it must be borne in mind that transitional justice cannot be the embodiment of the justice of the victors, so the parties to the conflict must participate in the national dialogue, and the winners and losers must be held accountable.

First of all, it should be noted that transitional justice is only one of the approaches that can be used to build peace, along with the deployment of peacekeeping peacekeeping forces and other measures. It is the combination of these measures that will guarantee the long-term restoration of peace and non-return to the conflict. In addition, such measures may take place with the involvement of various actors, such as: the actual state in which the conflict took place (or is taking place); the international community or both.

Key words: human rights and freedoms, transitional justice, armed conflict, post-conflict period.

References

1. Juan Me`ndez in the amicus curiae brief submitted to the Colombian Constitutional Court on the Justice and
   Peace Act (Law 975) on 17 January 2007, analyzing the requirements of transitional justice on the basis of
   various experiences, URL: www.ictj .org / en / news / press / release / 767.html
2. Buckley-Zistel S. 2015. Narrative Truths: On the Construction of the Truth Commissions // Transitional
   Justice Theories / ed. by Susanne Buckley-Zistel, Teresa Koloma Beck, Christian Brown and Friederike Mieth.
   Abingdon: Routledge. P. 144-162.
3. Franzki H., Olarte M. C. 2015. Understanding the Political Economy of Transitional Justice: a Critical Theory
   Perspective // Transitional Justice Theories / ed. by Susanne Buckley-Zistel, Teresa Koloma Beck, Christian
   Brown and Friederike Mieth. Abingdon: Routledge. P. 201–221.
4. Gready P., Robins S. 2014. From Transitional to Transformative Justice: A New Agenda for Practice // The
   International Journal of Transitional Justice. Vol. 8. P. 339–361.
5. Lambourine W. 2015. Transformative Justice, Reconciliation and Peacebuilding // Transitional Justice
   Theories / ed. by Susanne Buckley-Zistel, Teresa Koloma Beck, Christian Brown and Friederike Mieth.
   Abingdon: Routledge. P. 19–39.
6. Brankovic J., van der Merwe H. Transitional Justice in Post-Conflict Societies: Conceptual Foundations and
   Debates. Technical Report. 2014. January, p. 11.
7. Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-conflict
   Societies. UN Doc. S / 2004/616. 2004, p. 11. URL: https://undocs.org/en/S/2004/616
8. Kerry C., Doak J. More than words: Restorative justice concepts in transitional justice settings. International
   Criminal Law Review. 2012. 12, no. 3, p. 339–360. URL: https://www.academia.edu/1455992/More_than_
   Words_Restorative_Justice_Concepts_in_ Transitional_Justice_Settings
9. Institute for Peace and Understanding «What is Restorative Justice?» URL: https://rj.org.ua/pro-vidnovnepravosuddya
10. Daly K., Immarigeon R. The Past, Present and Future of Restorative Justice: Some Critical Reflections.
    Contemporary Justice Review. 1998, v. 1, p. 21–45. URL: http://restorativejustice.org/rj-library/the-pastpresent-and-future-of-restorative-justice-some-criticalreflections/1967/#sthash.bkeuqFEe.dpbs

Natalia Vasylivna Teplytska,
Postgraduate Student, Department of Constitutional and Administrative Law,
Faculty of Law, National Aviation University
ORCID: 0000-0003-0998-3384

Завантажити PDF