مفهوم العدالة الانتقالية من وجهة نظر القانون الدولي العام

Abstract EN

The transitional justice one of the most important legal and political concepts, that were traded at the end of the last century, and the beginning of this century, in the land of revolutions or civil wars, or the countries that gained independence after the liberation from foreign occupation, starting from the Latin American countries, passing through the countries of Europe East, to the Levant and the Morocco, on the Arab level, starting from Lebanon distressed and experience, and Morocco's unique his experience in the presence of power itself, not to mention both Tunisia experiences, and Egypt, which is one of the experiences that have achieved some successes, but Syria and Yemen, and Libya are still waiting for justice deferred, by virtue of the political complexities that have passed them in the transitional phase.

It is also the definition of transitional justice more concepts that discussions were raised around it, for various reasons, including its novelty as a concept, and relative to each experience, the lack of a specific model, as well as the failure of some of the experiments that were an obstacle to the elaboration of a specific concept.

But despite what progress has been former UN Secretary General Boutros Boutros-Ghali knew transitional justice as a (full-scale operations, and mechanisms related to the attempts being made by the community to understand the legacy of the past excesses of large-scale in order to ensure accountability, justice and reconciliation.

These may include judicial mechanisms and non-judicial both, with varying levels of international participation or non-existent at all, and the trials of individuals, compensation, and fact-finding, and constitutional reform, and examine personal records to detect abuses, separation or pair them together.

For Transitional Justice properties, including timing and the relative, and the legitimacy of their work.

The availability of the conditions mentioned earlier revolutions, or civil war, and others are not, such as required for the introduction of transitional justice conditions, but to be the availability of a number of special conditions in that country in order to be taking and which serves as the gate of their success, and all this is in light of international assistance standards represent a common human, and to provide expertise, advice and material support, and participation to ensure the restructuring of institutions, disarmament, and reintegration, and the rule of law, and activation of accountability through the reform of the judiciary, or the activation of the principle of complementarily to prevent high-criminals to escape and all this does not It violates the right of peoples to self-determination in terms of choice of the nature of the political system.

To achieve the above, there must be a way of an exhaustive roadmap designed specifically to address that historic juncture for those countries which pass those states.

find assumed that every road map to start consultations on the form and the means and the nature of transitional justice, as it requires an investigation by committees fact-finding or investigative committees, to expose the confusion and mystery and find out the truth of what has been committed in the past, and bring the perpetrators to justice over the issue, and to compensate those affected multiple forms, and memorialize the victims up to the noble goal of achieving reconciliation, this means that if the implementation of such map, according to the scheme inevitably we will reach to reconciliation as an extremely each of those programs.