| Abstract [eng] |
Transitional justice has emerged as an effort to combat impunity and the international crimes committed in the transitional period. Transitional justice encompasses a spectrum of mechanisms associated with a society’s attempt to deal with the consequences of large-scale past abuses, in order to ensure accountability, justice and reconciliation. Transitional justice consists of both judicial and non-judicial mechanisms. Judicial transitional justice mechanisms are considered to be formal prosecutions both in national courts and in international criminal or mixed (hybrid) tribunals. Non-judicial mechanisms consists of various truth-seeking initiatives, such as the Truth Commissions, the traditional forms of justice at the community level, institutional reforms, and reparation programs. Within the field of transitional justice, truth commissions and criminal prosecutions have emerged as the primary mechanisms for responding to a legacy of serious human rights violations. There is a growing consensus that truth commissions and criminal trials bring distinct benefits to transitional states and that they ought to be viewed, not as mutually exclusive alternatives, but as the complements. It is also reflects a holistic approach to transitional justice advocated by the United Nations, but creates the problems of the implementation of transitional justice. The main problems identified in the implementation of transitional justice are the following: the uncertainty of the status of truth commissions in the Rome Statute of the International Criminal Court; the obligation of the truth commissions to cooperate and share information with international criminal tribunals; the „non-separation“ of perpetrators in international criminal courts and truth commissions; amnesties. |
