Open Access
Mechanisms of transitional justice in overcoming the consequences of armed conflict
Author(s) -
А. В. Багінський
Publication year - 2020
Publication title -
vìsnik nacìonalʹnogo tehnìčnogo unìversitetu ukraïni «kiïvsʹkij polìtehnìčnij ìnstitut». polìtologìâ, socìologìâ, pravo
Language(s) - English
Resource type - Journals
eISSN - 2706-5626
pISSN - 2308-5053
DOI - 10.20535/2308-5053.2020.1(45).226354
Subject(s) - transitional justice , economic justice , political science , politics , obligation , criminology , autonomy , law , sociology
The article examines transitional justice as a set of post-conflict settlement measures. Today, transitional courts, truth commissions, amnesties, and reparations are transitional justice mechanisms that are widely and relatively effectively used to resolve conflicts around the world. Today, the mechanisms of transitional justice are also being improved to meet the needs of victims of armed conflict. Sociological research confirms that the combination of international and local dimensions of responsibility is an important demand on the part of victims of armed conflict.At the same time, the prosecution of perpetrators of crimes committed during armed conflict in modern conditions concerns individual prosecution, which often goes beyond public prosecution. The state retains the obligation to bring perpetrators of crimes to justice, but this can be done through mechanisms of international law.The practice of post-conflict settlement is due to the fact that not all courts are equally effective in punishing those guilty of crimes and criminal prosecution is not always successful. Formal truth-seeking processes involving the investigation of past violations involve truth commissions. Another important mechanism of transitional justice is the politics of memory. The politics of memory as an element of transitional justice encompasses the work of states with a historical past.The combination of transitional state justice measures with the use of ad-hoc institutions allows for the restoration of justice in the most controversial dimensions of armed conflict. Peace is accelerating in the direction of autonomy and expansion of the mandates of transitional justice institutions, organized memory policy, effective cooperation of national and international institutions to determine their jurisdiction in human rights, sociological research on the needs of victims of armed conflict. Evaluation of the effectiveness of transitional justice mechanisms is possible only if their interconnectedness, interaction with civil society and the state are taken into account.