What is Transitional Justice?

What is Transitional Justice?

Transitional justice is key to accountability and resolving victims. It recognizes their dignity as citizens and human beings. It seeks to recognize the victims and promote the prospects for peace, reconciliation, and democracy. Infectious Justice is not a special form of justice but after the trial, they are adapted to the transforming societies A period of human rights violations. Transferred justice asks the most difficult questions imaginable about law and politics. Putting victims and their dignity first, it signals a way for ordinary citizens to make promises in the new country, ensuring that they are protected from abuse of their own authority and effectively protected from violations by others. These practices help build trust and determine the conditions for peaceful democratic governance and at the same time prevent societies from engaging in constitutional inequality or violence.

Transitional justice refers to the judicial, judicial, or not of the existing tools to carry out this task. While focusing on the past, transitional justice also serves as a long-awaited goal as it indulges in wounds, encourages social dialogue, and strengthens the rule of law. Massive atrocities and systematic torture can destroy society and their legacy can destabilize the country: political and legal institutions such as parliament, the judiciary, the police, and the prosecution service can be weak, unstable, politicized, and under-circulated. Enabling compensation for victims of serious human rights violations, especially those who are identified as at risk, can help the reconciliation process by acknowledging compensation and correcting for past mistakes. These elements can be part of a larger initiative, to improve criminal justice, all of which are important for maintaining peace. Tries to address the spectrum of violations and integrated and interdependent manner, transitional justice can contribute to achievement broader purpose of preventing further conflict, peacebuilding, and reconciliation.

  • Truth: Establishing and acknowledging the truth on committed breaches is the first step towards social dialogue and even reconciliation. Governments and civil society can use a variety of methods to establish truthful accounts of human rights abuses. Formal fact-finding efforts may include the Truth and Reconciliation Commission (TRC), the Commission of Inquiry, investigations conducted by the National Human Rights Commission, fact-finding missions, criminal investigations, and other government-initiated investigations. It is important for resolving past abuses – and perhaps for punishing them, but it also presents a strong deterrent against the recurrence of similar violations in the future.
  • Prosecutions: Throughout human history, decisions to commit mass atrocities have been made by leaders who are confident that they will never be held accountable for their crimes. This impunity has been a major contributor to mass repetition in many parts of the world. It is crucial to identify and prosecute perpetrators of gross human rights violations and international crimes, as it serves both preventive and retaliatory purposes. Strong accountability measures show that atrocities are not punished, thus preventing future abuse. Universal jurisdiction is the state’s ability to prosecute criminals regardless of where or against whom mass crimes were committed. States that have passed national laws enforcing universal jurisdiction can arrest suspected criminals and prosecute them even if the crime occurs outside their national borders.
  • Reparation: Victims of gross human rights violations have the right to adequate compensation for their losses. Revenge programs can certainly involve and empower victims and not just provide some benefits without acknowledging the veracity of what they experienced. However, when states fail to comply with this obligation, civil society organizations launch various community-based compensation programs to provide some recognition and assistance to victims.
  • Guarantees of non-recurrence: The fourth element focuses on reforms related to the future. The truth revealed about the past must be used to develop legal and institutional reforms that are needed as a guarantee that widespread violations of the rights of all individuals and communities will never be repeated. Learning from past mistakes, every effort must be made to prevent future human rights violations. Strengthening accountability, transparency and fairness are essentially institutional reforms.

Transitional justice organizes a myriad of actors: international, regional, and national organizations, as well as civil society organizations. In the long run, their work is important for the rule of law and the restoration of public confidence in the state.

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