TRANSITIONAL JUSTICE

Transitional Justice - Case Study

Transitional Justice

On the question of respect for the rule of law and the transition, the working definition of transitional justice requires an assessment of the extent to which transitional justice can be achieved through the courts. As already mentioned, the legal path to reconciliation with the past mass atrocities requires that the legal avenue is really objective and able to achieve the goals of transitional justice. moral imperatives is for justice, some form of punishment in which offenders should be held accountable for their crimes. If the position of the successor government is too risky for any form of prosecution, there is loss of a deterrent. When human rights violators are confident of their impunity from the rule of law, it is likely that there will be more human rights violations and genocide as a result of future dictators. Not only that deterrence is concerned, but there are problems coming to some form of legally legitimate form of censure and condemnation, the true concept of justice free from the constraints of victors' justice "from above".

One option is for the coder of genocide, those responsible for atrocities and abominations of the state against a person held in a higher power, outside and impartial tribunal, which can have a dramatic impact on crime, not caring about the precarious nature of the newly formed democratic government. By placing a stimulus for punishment for crimes such as genocide and state-sanctioned torture above and beyond the level of individual states, the regimes in the transition period can go on to develop new forms of governance and freedom from fear of repression still believe that justice for his arrest. This execution of justice may be an integral part of the desire to move forward into a new future. The ...