آليات تقييد مبدأ عدم الإفلات من العقاب خلال فترة العدالة الانتقالية

Abstract EN

The inability of criminal justice at times, as one of the mechanisms of transitional justice, to fully achieve its goals of deterrence and reform, prompted the thinking of an alternative to this mechanism.

Restorative justice was the alternative in dealing with the heavy legacy of violations and crimes left by the old regime, which is based on a different philosophy from that of punishment and penalty to the idea of reconciliation between the perpetrator and the victim, and society.

Restorative justice adopts a basic idea of excluding punishment to be replaced by amnesty in exchange for the perpetrator's admission of his guilt and his exemption from responsibility for the crimes and violations committed against the victims through commissions to uncover the truth with the availability of the real political will for that.

The pursuit of national reconciliation mechanisms and their realization through investigation committees and actors in the international community.

The pursuit of amnesty and reconciliation has disadvantages, but in the end, it is based on a set of balances as it must be implemented via an integrated program that takes into consideration overcoming the negatives of the past without harming the rights of the victims.