Transitional Justice And Legal Frameworks Internationally: Assessing The Adequacy Of Existing Laws And Identifying Gaps
Ms. Madiya Mushtaq, Lawyer, Jammu & Kashmir and Ladakh High Court
Introduction:
"Without reconciliation, there can be no lasting peace." - Nelson Mandela
"True reconciliation is never cheap, for it is based on forgiveness which is costly. Forgiveness in turn depends on repentance, which has to be based on an acknowledgment of what was done wrong, and therefore on disclosure of the truth." - Archbishop Desmond Tutu
These words highlight the importance of transitional justice in achieving lasting peace and reconciliation. Transitional justice is a vital and complex field that seeks to address the legacies of past conflicts and human rights abuses, promote. Transitional justice encompasses a range of mechanisms and processes, including truth commissions, prosecutions, reparations, and institutional reforms, that seek to address past injustices and promote accountability for human rights violations. As former UN Secretary-General Kofi Annan noted, "Justice must be done, and seen to be done, if societies are to move forward and address the root causes of conflict and violence."
This research paper will explore the challenges and opportunities of transitional justice in societies undergoing transitions from conflict or authoritarianism to democracy and peace. Through an analysis of case studies from different regions of the world, the paper will examine the effectiveness and limitations of transitional justice mechanisms, and the factors that contribute to their success or failure. The paper will also address the ethical and political dilemmas of transitional justice, such as the tension between justice and reconciliation, the trade-offs between different forms of accountability, and the role of external actors in supporting or hindering transitional justice processes.
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