TRANSITIONAL JUSTICE Meaning and
Definition
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Transitional justice refers to a set of systematic and comprehensive measures undertaken by a society to address past human rights abuses, often in the context of a transition from a period of conflict, authoritarian rule, or repression, towards democracy, peace, or stability. It is a multidimensional framework that seeks to promote accountability, reconciliation, and healing among individuals and communities affected by gross violations of human rights and international humanitarian law.
Transitional justice encompasses a range of mechanisms and processes, including truth commissions, criminal prosecutions, reparations programs, institutional reforms, and memorialization efforts. These mechanisms aim to uncover and document the truth about past atrocities, hold perpetrators accountable for their actions, provide redress for victims, and prevent the recurrence of such abuses in the future.
The goals of transitional justice are threefold: to establish the truth, to provide justice for victims, and to foster reconciliation among divided societies. It acknowledges that justice is a key component of peacebuilding and emphasizes the importance of healing wounds, rebuilding trust, and restoring social cohesion. By facilitating a process of coming to terms with the past, transitional justice seeks to lay the foundation for a more just and inclusive future.
Overall, transitional justice serves as a critical tool in societies transitioning from periods of violent conflict or repression, helping to address the legacy of human rights violations and build a framework for sustainable peace, justice, and democracy.
Etymology of TRANSITIONAL JUSTICE
The word "transitional justice" originated in the field of law and human rights in the late 20th century. Its etymology can be traced back to the Latin word "transitio", which means "transition" or "passage". Additionally, the word "justice" comes from the Latin word "justitia", which means "righteousness" or "equity".
The concept of transitional justice emerged in response to societies undergoing significant political transitions, such as the transition from authoritarian regimes to democracy, the end of armed conflicts, or periods of political instability. It refers to the process of addressing past human rights abuses and atrocities, establishing accountability, promoting reconciliation, and enacting legal and institutional reforms.
The term "transitional justice" gained prominence in the 1980s and 1990s as international tribunals and truth commissions were established to address gross human rights violations and promote justice in countries undergoing transitions.
