العدالة الانتقالية

Abstract

The states that submit their citizens to violations of their rights and were the victims in various crimes and that was done in the framework of a totalitarian regime, or as part of an internal conflict or a civil war that address the legacy of these violations, and were trying to reach a democratic systems to ensure respect of human rights, and the non repeation of such violations in the future. And transitional justice as a concept emerged a deep discussions after the first and second world wars, and established through the trials of Yugoslavia and Rwanda, which led and restricted the concept of transitional justice in the context of the penal justice as a model and is based on the criminals’ trial mechanism for achieving deterrence and for the embodiment of the emerged democratic state law, and unreturned to these violations in the future, and this realized by either national courts, as is the case in the Iraqi High Tribunal, or mixed tribunals as is the case in Sierra Leone and Cambodia, and either in front of the international courts, as is the case in the Former Yugoslavia Tribunal and Rwanda, or in front of the international Criminal Court as is the case in the Darfur Issue. And the evolution of transitional justice concept through the democratic transformation experiences after the end of the Cold War in Eastern Europe, and Latin America, then in South Africa, and recently with the experiments of the Arab Spring where people followed the way of transitional justice in the context of the democratic transition process and get rid of dictatorships systems and this had allowed the progress of the concept of transitional justice in a field dominated by the human rights speech, and in the light of the restorative justice model where the focus was on the victim and trying to achieve national reconciliation between the members of the society, the offender and the victim and the community through truth commissions, or the compensation of victims damages, or through celebrating the memorial of past committed crimes or reconciliation. And I emphasized on the mechanism of showing the truth & compensation by the adaption of the experience of the establishment of the South African Truth and Reconciliation Commission in South Africa, and the Morocco experience in the creation of the Equity and Reconciliation Commission, and the experience of Algeria in reconciliation by the establishment of peace and reconciliation Charter, this made Algeria achieve practical results in terms of security; and that especially to be a leader in the struggle against terrorism and some countries had followed its experience in this side.That is why the study of the past experiences and the discovery of these diverse human experiments ,we can benefit the right and wrong aspects and the transitional justice and its different mechanisms, and their use in the prompt experiments like the incomplete Arab Spring experiences, or the countries’ future experiences that needed the achievement of the transitional justice.