الخلاصة:
The Algerian legislator has launched a special initiative to solve the
crisis experienced by the country in the years of the last decade of the
twentieth century - which later named the black decade - called
national reconciliation, this study came to examine in particular the
comparative approach of transitional justice, and to study the
advantages and disadvantages in the light of other international
experiences in dealing with crises and internal conflicts.
بوادر العدالة الانتق الية في ميثاق المصالحة الوطنية الجزائري
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The study focused on the theoretical conceptual field of
transitional, historical and philosophical justice of the concept, vis-à-vis
the conceptual and practical induction of national reconciliation, and
the most important phases of the national reconciliation to the approval
in its current wording known, and to identify the most important
philosophical foundations of this exclusive Algerian approach.
The content, procedures and pillars of transitional justice have been
detailed in this study, and the relationship between them and their
method of implementation and their provisions is explained, followed
in national reconciliation procedures and measures, and Was also
discussed the legal problems raised by the question of the
implementation and application of its provisions and disadvantages
including, as detailed and analyzed the conditions and the modalities of
benefiting from its provisions.
Finally, the applications and evaluation of the two trajectories, the
path of transitional justice and national reconciliation were undertaken
through the presentation of pilot experiences of transitional justice and
their most important and Their consequences, and identified the
difficulties and obstacles that could impede the application of the
context of transitional justice, and in its light we were able to criticize
the model of national reconciliation and demonstrated the advantages
and disadvantages of this experience.