Mechanisms and Function of Transitional Justice: An Important Development in International Law
Subject Areas : Politicsمهدی ذاکریان 1 , سيدرضي عمادي 2
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Keywords: transitional justice, International Criminal Court, immunity, leaders, accountability and responsibility,
Abstract :
The concept of justice has been always among the most important concepts in domestic and international systems and great efforts have been made to administer it in both areas, especially after the World War II. Nonetheless, in most cases, justice has not been administered to leaders, especially in the Third World countries. The leaders and statesmen in these countries have never been held accountable for their inhuman acts which violate human rights as a result of their special position and by taking undue advantage of the concept of immunity. Since 2002, the Statute of the International Criminal Court has become binding for its Member States and this has been a major development in the administration of justice, especially with regard to political leaders with immunity and has paved the way for discussing the concept of transitional justice. The present article aims to expound the concept of transitional justice, its conditions, goals and mechanisms, as well as the impact of its enforcement on the restoration of peace and stability in transitional societies. The main argument of the article is that enforcement of transitional justice in transitional societies, especially by taking advantage of a combination of domestic and international courts, including the International Criminal Court, can pave the way for the restoration of calm and stability to transitional societies while sending a message to other totalitarian leaders who violate human rights.
