The role of transitional justice in promoting human rights

Authors

  • Jabar Hardan Salman College of Fundamentals of Science, University of Baghdad / Iraq

DOI:

https://doi.org/10.58298/772024594

Keywords:

human rights, transitional justice, civil wars, dictatorship

Abstract

Transitional justice is a set of mechanisms taken by society and the state for the purpose of addressing human rights violations caused by previous dictatorial governments. To know the role that transitional justice plays in promoting human rights, it is necessary to know its concept and jurisprudential definitions found in some local laws, with the need to know the most important mechanisms and how to Applying it to work to correct a miserable past by revealing the truth of violations, knowing their perpetrators, and punishing them. Then, it is necessary to redress the victims’ harm and compensate them as a result of the violations they were exposed to, and reform the institutions that caused those violations, including the constitution, unfair laws, and the judicial structure. Emphasis is also placed on commemorating the violations in a manner that It enhances the role of transitional justice in promoting human rights.

References

(1) The First Geneva Convention for the Amelioration of the Condition of Wounded and Sick Members of Armed Forces in the Field.

(2) The Convention on the Prevention and Punishment of the Crime of Genocide, signed in Paris in 1948.

(3) First Amendment No. (35) of 2013 to the Prisoners’ Institution Law of 2006.

(4) Annual report of the Transitional Justice Center, 2003-2004.

(5) Haider Yahya Al-Shibli, Transitional Justice and its Role in Building Legal Awareness in Iraq, a working paper presented to the First Arab Conference for Developing a Culture of National Legal Awareness, Baghdad, 2013.

(6) Iraqi Penal Code No. (111) of 1969.

(7) Law of the Martyrs Foundation in Iraq No. (2) of 2006.

(8) United Nations, Security Council, Document 616/2004/S The rule of law in conflict and post-conflict societies, report of the Secretary-General.

(9) Statute of the Special Criminal Court for Sierra Leone.

(10) Statute of the International Criminal Tribunal for the Former Yugoslavia.

(11) Statute of the International Criminal Court in Nuremberg.

Additional Files

Published

2024-06-30

Issue

No. 77 (2024): Political Issues

Section

Original research papers

License

Copyright (c) 2024 جبار حردان سلمان

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

This is an Open Access article distributed under the terms of the creative commons attribution (CC BY) 4.0 international license which permits unrestricted use, distribution, and reproduction in any medium or format, and to alter, transform, or build upon the material, including for commercial use, providing the original author is credited.

How to Cite

The role of transitional justice in promoting human rights. (2024). قضايا سياسية, 77, 194-215. https://doi.org/10.58298/772024594

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