International Relations
📈 Global Citations (Crossref): 0
📊 Article Statistics:
👁️ Views: 20
📥 Downloads: 2
Authors
Name: Ali Haider khalifeh |
Country: Lebanese Republic
Department / Fine Specialization: Political and Administrative Sciences / Political Science
Institution / University: Doctoral School of Law, Political, Administrative & Economic Sciences / Lebanese University
0009-0005-6166-6791 Abstract
This study examines the role of transitional justice mechanisms in promoting human rights and strengthening the rule of law in post-conflict societies. It analyzes the legal foundations of transitional justice and explores the functions of its principal mechanisms in addressing serious human rights violations and rebuilding public institutions. The study is guided by the following research question: To what extent do transitional justice mechanisms contribute to the promotion of human rights and the establishment of the rule of law in societies emerging from conflict? The research adopts a descriptive-analytical approach combined with a comparative method through the analysis of international legal instruments, United Nations documents, scholarly literature, and selected case studies, particularly those of South Africa, Morocco, and Sierra Leone. The findings reveal that transitional justice does not constitute an independent branch of international law but rather an integrated legal framework grounded in international human rights law, international humanitarian law, and international criminal law. The study further concludes that the effectiveness of transitional justice depends on the complementary application of its mechanisms, particularly criminal accountability, truth-seeking, reparations, and institutional reform, as the absence of any of these mechanisms undermines the overall objectives of transitional justice. The study concludes that the promotion of human rights and the consolidation of the rule of law require comprehensive transitional justice programs based on judicial independence, accountability, and respect for international legal standards, thereby contributing to sustainable peace and preventing the recurrence of violations.
Keywords: Transitional Justice, Human Rights, Rule of Law, Criminal Accountability, Reparations, Institutional Reform, International Law
Research Language:
Arabic
How to cite:
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 11, Issue 32, Year (3), pp. 325-345.
ElQarar Journal for Peer-Reviewed Scientific Research, Vol. 11, Issue 32, Year (3), pp. 325-345.
Download Citation:
Endnote/Zotero/Mendeley (RIS)
BibTeX
⚖️ Conflict of Interest:
The author declare no conflict of interest regarding the publication of this research.
💰 Funding:
This study did not receive any financial support or grant from any public, private, or non-profit entity.
References
- Cassese, Antonio, International Criminal Law, 2nd Edition, Oxford University Press, Oxford, 2008.
- De Greiff, Pablo (Ed.), The Handbook of Reparations, Oxford University Press, Oxford, 2006.
- Hayner, Priscilla B., Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions, 2nd Edition, Routledge, New York, 2011.
- Teitel, Ruti G., Transitional Justice, Oxford University Press, New York, 2000.
- Truth and Reconciliation Commission of South Africa, Final Report, Volumes 1–5, Cape Town, 1998.
- Special Court for Sierra Leone, Annual Report, Freetown, 2013.
- Abu Al-Wafa, A. (2015). Al-Himayah Al-Dawliyyah li Huquq Al-Insan [International Protection of Human Rights]. Cairo: Dar Al-Nahda Al-Arabiyyah.
- Al-Kayyali, A. W. (2018). Huquq Al-Insan fi Al-Qanun Al-Duwali [Human Rights in International Law]. Amman: Dar Al-Thaqafa for Publishing and Distribution.
- Al-Majdhoub, M. (2020). Al-Qanun Al-Duwali Al-’Aam [Public International Law]. Beirut: Manshurat Al-Halabi Al-Huquqiyyah.
- Alwan, A. K. (2019). Al-Waseet fi Al-Qanun Al-Duwali Al-’Aam [The Mediator in Public International Law]. Amman: Dar Al-Thaqafa for Publishing and Distribution.
This work is licensed under a Creative Commons Attribution 4.0 International License. Permitting copying, distribution, and reproduction of the work in any medium or format for any purpose, even commercially, provided the original work is properly attributed.