Rule of Law: The Soul of Transitional Justice in the Rule of Law

Katherine Paola Ribero Salazar

doi:doi:10.11648/j.ijls.20220503.15

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Rule of Law: The Soul of Transitional Justice in the Rule of Law

Katherine Paola Ribero Salazar

Published in International Journal of Law and Society (Volume 5, Issue 3)

Received: 22 March 2022 Accepted: 11 May 2022 Published: 10 August 2022

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Abstract

For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.

Published in	International Journal of Law and Society (Volume 5, Issue 3)
DOI	10.11648/j.ijls.20220503.15
Page(s)	276-283
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Transitional Justice, Rule of Law, Victim

References

[1]	Agudelo, M. S. (n.d.). Human Rights and Transitional Justice. 20.
[2]	Ardila, D. (n.d.). Transitional Justice: Basic Principles. 10.
[3]	ICTJ. (November 10, 2011). ICTJ. Retrieved from Transitional justice is key to developing the rule of law: https://www.ictj.org/es/news/secretario-general-de-la-onu-la-justicia-transicional-es-clave-para-desarrollar-el-estado-de-derecho.
[4]	ICTJ. (May 18, 2012). Retrieved from New paths to peace and stability: transitional justice and the rule of law: https://www.ictj.org/es/news/nuevos-caminos-para-la-paz-y-la-estabilidad-la-justicia-transicional-y-el-estado-de-derecho.
[5]	ICTJ. (May 29, 2017). Retrieved from https://www.ictj.org/es/gallery-items/estado-derecho.
[6]	NATION, P. G. (May 29, 2017). Citizen participation guide. Retrieved from http://www.procuraduria.gov.co/descargas/publicaciones/guia_participacion_ciudadana.pdf.
[7]	UN. (May 29, 2017). Retrieved from http://www.un.org/es/ruleoflaw/.
[8]	Padilla, A. M. (May 29, 2017). Transitional Justice: the Law - Power relationship in times of transition. Retrieved from http://dx.doi.org/10.14482/dere.44.7167.
[9]	Teitel, R. G. (2003). Genealogy of Transitional Justice. The President and Fellows of Harvard College and Harvard Human Rights Journal, 27.
[10]	Transitional, C. I. (May 29, 2017). International Center for Transitional Justice. Retrieved from https://www.ictj.org/es/que-es-la-justicia-transicional.
[11]	VILLA, H. V. (2003). Diccionario Derechos Humanos. Madrid: Espasa.
[12]	Jurisdiction for Peace. S, (May 29, 2017). Special Jurisdiction for Peace. Retrieved from http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-5202016000100002.
[13]	UNSG (2004): The rule of law and transitional justice in conflict and post-conflict societies. Report of the Secretary-General to the United Nations Security Council. Retrieved from 3 August 2004, in. doc. S/2004/616. P. 6. 2.
[14]	ELSTER, J. (2006). Following the identification of levels made, Rendición de cuentas. Transitional justice in historical perspective. Katz. Buenos Aires.
[15]	BOTERO, C. (2000). “International Standards and Transitional Processes in Colombia” In: Between pardon and the wall: questions and dilemmas of transitional justice. 147-165, Bogotà, Uniandes ["Estándares Internacionales y procesos de transición en Colombia" En: Entre el perdón y el paredón: preguntas y dilemas de la justicia transicional. 147-165, Bogotá, Uniandes].
[16]	ICTY, 1998: para. 155; Cited by BOTERO, C. International standards and transition processes in Colombia. Free translation by the authors. Pg. 8.
[17]	BASSIOUNI, 2000, Quoted by BOTERO, C. International standards and transition processes in Colombia. Free translation by the authors. Pg. 17.
[18]	Cf. Principle No. 9 of Resolution 2005/35 of April 19, 2005.
[19]	IACHR (2005): Memorandum on Reparations. July 15, 2005. Washington, D. C. Cited by ILSA, (2006) Victims' rights in peace or transition to democracy processes Retrieved from http://www.ilsa.org.co/spip.php?rubrique46.
[20]	ICRC (1998): Commentary on the Protocol of 8 June 1977 Additional to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) and Article 3 of these Conventions. Bogotá: ICRC - Plaza & Janés Editores. P. 113. Cited by NATIONAL COMMISSION FOR REPARATION AND RECONCILIATION (Colombia). Victims and victimization. Bogotá (2006).
[21]	JEP. (S/2004/616). Report of the Secretary-General on the rule of law and transitional justice in conflict and post-conflict societies.

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Katherine Paola Ribero Salazar. (2022). Rule of Law: The Soul of Transitional Justice in the Rule of Law. International Journal of Law and Society, 5(3), 276-283. https://doi.org/10.11648/j.ijls.20220503.15

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Katherine Paola Ribero Salazar. Rule of Law: The Soul of Transitional Justice in the Rule of Law. Int. J. Law Soc. 2022, 5(3), 276-283. doi: 10.11648/j.ijls.20220503.15

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AMA Style

Katherine Paola Ribero Salazar. Rule of Law: The Soul of Transitional Justice in the Rule of Law. Int J Law Soc. 2022;5(3):276-283. doi: 10.11648/j.ijls.20220503.15

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@article{10.11648/j.ijls.20220503.15,
  author = {Katherine Paola Ribero Salazar},
  title = {Rule of Law: The Soul of Transitional Justice in the Rule of Law},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {3},
  pages = {276-283},
  doi = {10.11648/j.ijls.20220503.15},
  url = {https://doi.org/10.11648/j.ijls.20220503.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220503.15},
  abstract = {For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.},
 year = {2022}
}

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N1  - https://doi.org/10.11648/j.ijls.20220503.15
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AB  - For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.
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Author Information

Katherine Paola Ribero Salazar

Faculty of Jurisprudence, Universidad del Rosario, Bogotá, Colombia

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APA Style

Katherine Paola Ribero Salazar. (2022). Rule of Law: The Soul of Transitional Justice in the Rule of Law. International Journal of Law and Society, 5(3), 276-283. https://doi.org/10.11648/j.ijls.20220503.15

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ACS Style

Katherine Paola Ribero Salazar. Rule of Law: The Soul of Transitional Justice in the Rule of Law. Int. J. Law Soc. 2022, 5(3), 276-283. doi: 10.11648/j.ijls.20220503.15

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AMA Style

Katherine Paola Ribero Salazar. Rule of Law: The Soul of Transitional Justice in the Rule of Law. Int J Law Soc. 2022;5(3):276-283. doi: 10.11648/j.ijls.20220503.15

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@article{10.11648/j.ijls.20220503.15,
  author = {Katherine Paola Ribero Salazar},
  title = {Rule of Law: The Soul of Transitional Justice in the Rule of Law},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {3},
  pages = {276-283},
  doi = {10.11648/j.ijls.20220503.15},
  url = {https://doi.org/10.11648/j.ijls.20220503.15},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220503.15},
  abstract = {For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Rule of Law: The Soul of Transitional Justice in the Rule of Law
AU  - Katherine Paola Ribero Salazar
Y1  - 2022/08/10
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220503.15
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JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
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EP  - 283
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220503.15
AB  - For transitional justice to work in a country where its fundamental pillar is the rule of law, it is appropriate to recall the origins of the word itself, its definition, its objectives, its levels (Individual, Nation – States, Corporate Actors and the Supranational Institutions), its principles, the subject of reparation (the victim), its importance in strengthening the rule of law, the elements of a policy of this kind of comprehensive justice, and then remember that it is important in the solution of crimes committed within the rule of law, in international crimes. Countries going through internal armed conflicts or wars find in transitional justice an important tool for peace building and reconciliation. Transitional justice does not have a unique form but manifests itself in different ways according to the specific conditions of each conflict, each country and each historical moment. Culture, the strength of the conflicting powers, the economic interests behind the conflict and international human rights requirements are some of the factors that influence the specific characteristics of each transitional justice process. Transitional justice should be understood as that special and exceptional model that a society applies with the purpose of healing and repairing the wounds suffered after long periods of violence or disregard of rights, but it will establish that although each model of transitional justice is unique as each society and conflict is unique, there are also some elements that will allow peace to be achieved. We have seen this in situations throughout history, such as what happened in the Nuremberg and Tokyo trials, as well as in transitional processes in Latin America and South Africa, in the reflection of a power struggle; subsequently becoming a tool for peace building. This is evidence of how this concept has evolved over time.
VL  - 5
IS  - 3
ER  -

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