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The role of international law in activating transitional justice and promoting values of tolerance and peaceful coexistence | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 21, Volume 8, عدد خاص, 2018, Pages 445-474 PDF (726.88 K) | ||
| DOI: 10.37651/aujlps.2018.172382 | ||
| Authors | ||
| Ahmed Tariq Yassen; Jasim Muhammed Taha | ||
| Abstract | ||
| The international law plays a vital role in fostering transitional justice and achieving social peace and security in the post-conflict stages. This can be achieved by determining the theoretical frames explaining the basis of transitional justice in the international law as well as determining its sources. Moreover, the international law addresses important procedural and objective aspects of the concept of transitional justice and its judicial and non-judicial mechanisms since it focuses on communities that pass through democratic transitional stages and because it is associated with international peace and security. In addition, it promotes the discourse of tolerance and renounces that of violence and hatred. The legal basis of the paths of transitional justice in the international law depends on three main pillars; the international law for human rights, the human international law and the international criminal law. These are normally interrelated since eventually they lead to outputs that pertain to safeguarding human rights and enhancing social peace and security. The problem lies in the real role of the international law when implementing transitional justice, fostering values of tolerance and peaceful coexistence, achieving discourse of moderation and renouncing hatred. It lies, moreover, in major barriers that play a negative role in the application of transitional justice and the true nature of the outputs for improving transitional justice in the post-conflict stages when it comes to building peace and achieving tolerance and peaceful coexistence. To analyze this problem and provide answers for all questions, the study depends on the analytical approach because, in order to understand the way the system works, we should know its environment. This is true because the political system represents a net of political reactions. It does not live in a vacuum, rather it lives in an environment or material or nonmaterial medium whereby it interacts with, i.e. it affects and is affected by this medium. The most important findings of the study include the fact that transitional justice faces many obstacles which represent a major cause of the inability to practically apply transitional justice. These obstacles include escaping total or partial punishment and international terrorism. In order to propose solutions for this problem, we perceive that the most important factor activating transitional justice in post-conflict countries is the necessity to make resolutions and legislations pertaining to transitional justice and reconciliation. Another important factor in this regard is the significant role of the supervision on the application of transitional justice through systematic coordination between regional and international parties supporting the efforts to achieve transitional justice | ||
| Keywords | ||
| The role of international law in activating transitional justice and promoting values of tolerance and peaceful coexistence | ||
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