Transitional Justice - Dimensions & Implications

Shekhar Kumar, LL.M, Chanakya National Law University, Patna

ABSTRACT

In recent years, states, international organizations, and transnational civil society have gradually come to believe that the practice of transitional justice mechanism is necessary to pave the way to a better future for post-conflict societies. Transitional justice is no longer primarily considered to be about the normative questions regarding a state’s dealing with its troubled past. Instead, the relevant questions are now considered part of a broader international commitment to human security. As such, it not only refers to the emergence of a new consciousness and the spread of processes of reappraisal but also to the emergence of an ensemble of global norms, mechanisms, concepts, and discourses that deal with massive violence and atrocities on all continents and in the most varied of contexts. In its policies, transitional justice is associated with the most varied of aspects and objectives. It is not only considered necessary for promoting the rule of law, national reconciliation and for democratization processes, but is also reflected in connection with concepts of socio-economic development. Globalisation has become a seemingly unstoppable force over recent decades, and in its wake, global notions of social justice have developed. Transitional justice has become a well-established fixture in the global field of human rights. New concepts are constantly being developed, and the punishment of human rights violations is being combined with other social, political, and economic aspects. Within the scope of this work, an analysis of this remarkable process of transitional justice is sought to be undertaken.