The Global Panorama of Transitional Justice: Main Models and Prospects for Ukraine

The article attempts to summarize the existing global experience in the application of transitional justice in postconflictand post-authoritarian countries. An official definition of transitional justice, according to the UN interpretation,is provided. Over 40 countries worldwide are listed where various transitional justice activities have been implementedat different times and under different social conditions. Several previously conducted classifications of transitional justiceare analyzed, highlighting their drawbacks and advantages. The author proposes a new systematization of transitionaljustice based on the criterion of its effectiveness. Based on this, three main and conditional models of effective, partiallyeffective, and ineffective transitional justice are identified. Specific countries belonging to each of these groups are detailed,and the characteristics that define the degree of effectiveness of transitional justice in each country are outlined. Drawingon the analysis of foreign experiences in this field and considering the proposed classification, several important conceptualguidelines for the successful implementation of various components of transitional justice in Ukraine are identified. Theseguidelines relate to the need for Ukraine to consider the previous experiences of implementing specific elementsof transitional justice, the period for initiating its implementation in the country, the rules for organizing the activitiesof truth commissions, the balance between international and national mechanisms of transitional justice, sources of funding for its various measures, the main actors involved in this process, and the rules for prosecuting war criminals, amongothers. Additionally, the idea of transitional justice fulfilling a criminological function is substantiated. The conclusionsoutline the principles on which transitional justice in Ukraine should be built.Key words: crime, war crimes, transitional justice, foreign experience, peace, justice, reconciliation.

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2024-08-30
Primary Topic
War, Law, and Justice
Type
article
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article

The Global Panorama of Transitional Justice: Main Models and Prospects for Ukraine

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
War, Law, and Justice
article

The Global Panorama of Transitional Justice: Main Models and Prospects for Ukraine

article en

Abstract

The article attempts to summarize the existing global experience in the application of transitional justice in postconflictand post-authoritarian countries. An official definition of transitional justice, according to the UN interpretation,is provided. Over 40 countries worldwide are listed where various transitional justice activities have been implementedat different times and under different social conditions. Several previously conducted classifications of transitional justiceare analyzed, highlighting their drawbacks and advantages. The author proposes a new systematization of transitionaljustice based on the criterion of its effectiveness. Based on this, three main and conditional models of effective, partiallyeffective, and ineffective transitional justice are identified. Specific countries belonging to each of these groups are detailed,and the characteristics that define the degree of effectiveness of transitional justice in each country are outlined. Drawingon the analysis of foreign experiences in this field and considering the proposed classification, several important conceptualguidelines for the successful implementation of various components of transitional justice in Ukraine are identified. Theseguidelines relate to the need for Ukraine to consider the previous experiences of implementing specific elementsof transitional justice, the period for initiating its implementation in the country, the rules for organizing the activitiesof truth commissions, the balance between international and national mechanisms of transitional justice, sources of funding for its various measures, the main actors involved in this process, and the rules for prosecuting war criminals, amongothers. Additionally, the idea of transitional justice fulfilling a criminological function is substantiated. The conclusionsoutline the principles on which transitional justice in Ukraine should be built.Key words: crime, war crimes, transitional justice, foreign experience, peace, justice, reconciliation.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Peace, Justice and strong institutions
Openalex Percentile: Top 28%
War, Law, and Justice
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