بوادر العدالة الانتقالية في ميثاق المصالحة الوطنية الجزائري

Abstract

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 294 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.