The Role of Transitional Justice in Reconstruction of Relations between Parties in the Peacebuilding Process in War-Torn Societies after Civil Conflict, Riots, and Protests Leading to Violence

Document Type : Original Article

Authors

1 PhD in International Law, Faculty of Law, University of Qom, Qom, Iran.

2 Assistant Professor, Department of Law, Faculty of Social and Economic Sciences, Alzahra University, Tehran, Iran.

Abstract

Reconstruction of post-conflict relations in a post-conflict country is at the core of addressing the issue of peacebuilding and transitional justice as a means of establishing peace and preventing the recurrence of conflict in such societies. The main questions of the discussion are whether it is possible to create trust in fragmented and war-torn societies and how the reconstruction of relations between the involved parties achieved in the post-conflict period is. The current research is based on the opinion that the reconstruction of relations between the parties in the post-conflict period in war-torn societies through transitional justice tools can help consolidate peace and prevent the return of conflict. Transitional justice processes are among the influential factors that play a role in the peacebuilding process, especially in its communication dimension. The present research seeks to explain an integrated approach to the transitional justice process; an approach that involves rebuilding relationships through the elements and mechanisms of transitional justice, such as justice, truth-telling, acknowledgment, apology, forgiveness, and the like. Utilization of library data and international documents and procedures in the form of descriptive-analytical research has helped this study to prove this approach.

Keywords

Main Subjects

References

  • Falsafi, Hedayatullah, (2008), "Right, peace and human dignity, reflections on the concepts of legal rule, moral value and humanity", legal magazine of the International Legal Services Office of the Islamic Republic of Iran, issue 26 and 20 and the seventh, pp. 130-5. (In Persian)
  • Hosseini, Seyyed Mohammad, (1378), "The role of mediation in lawsuits and responding to the role of norms", Law and Political Science Faculty Journal, No. 45, pp. 5-41. (In Persian)
  • Kodkhodaei, Abbas Ali and Mehbobeh Abbasian, (2019), "Theoretical foundations of economic justice in the light of efficiency in the Constitution of the Islamic Republic of Iran", Public Law Studies Quarterly, Volume 50, Number 1, pp. 21-1. (In Persian)
  • Nuaf-Prest, Zahra, (2008), "Democracy, Justice and Peace", Political Science Quarterly, No. 9, pp. 5-26. (In Persian)
  • Ranjbarian, Amir Hossein and Mahdia Malek-El-Katab Khabani, (2009), "Sierra Leone Special Court: Formation Process, Jurisdiction and Dealing with Impunity", International Legal Journal, Presidential Center for International Legal Affairs, year 27, No. 43, pp. 123-167. (In Persian)
  • Abbas-Zadegan, Mustafa, (2012), "Restorative Justice, New Perspective of Criminal Justice", Law and Policy Research, No. 9, pp. 128-85. (In persian)
  • Barkan, Elazar and Alexander Karn, (2006), “Taking Wrongs Seriously: Apologies and Reconciliation”, Stanford, CA: Stanford University Press.
  • Beesley, Sophie, (2010), “Effect of Apology Focus on Perceptions of Sincerity Apology, Acceptance and Forgiveness”, Edith Cowan University.
  • Brahm, Eric, “Getting to the Bottom of Truth: Examining Truth Commission Success and Impact”, International Studies Association Annual Meeting, Honolulu, Hawaii, (2005), pp. 1-38.
  • Brounéus, Karen, (2008), “Rethinking Reconciliation: Concepts, Methods, and an Empirical Study of Truth Telling and Psychological Health in Rwanda”, Uppsala Universitet: Department of Peace and Conflict Research.
  • Burgess, Heidi, (2003), “Stereotypes Characterization Frames”, Beyond Intractability, Eds. Guy Burgess and Heidi Burgess, Conflict Information Consortium, University of Colorado, Boulder.
  • Dietrich, Wolfgang “A Brief Introduction to Transrational Peace Research and Elicitive Conflict Transformation”, Journal of Conflict ology, Vol. 5, Iss. 2, (2014), pp. 48-57.
  • Eleftheria Papi, Kristiana,“The Role of Transitional Justice Processes in Building Peace in Latin America”, E-International Relations, (2015), pp. 1-12.
  • Fahim Dashti, Mohammad, (2018), "People's song in the peace process", Friedrich Ebert Foundation and Afghanistan Policy Group, pp. 1-20. in Persian)
  • Fisher, R. J, (1990), “The social Psychology of Intergroup and International Conflict Resolution”, Springer-Verlag.
  • Forbes, H.D, (1997), “Ethnic Conflict: Commerce, Culture and Contact Hypothesis”, New Haven and London: Yale University Press.
  • Frederiksen, Erica, “Healing Fractured Communities: Restorative Justice as a Strategy for Inclusion”, (2006), Prepared for presentation at meetings of the Canadian Political Science Association, Toronto, Ontario, pp. 1-15.
  • Freeman, Mark, and Priscilla B. Hayner, (2003), “Truth-Telling”, In Reconciliation after violent conflict: a handbook, Ed. by D. Bloomfield, Stockholm: International Institute for Democracy and Electoral Assistance.
  • Gearoid Millar, “Performative memory and re-victimization: Truth-telling and provocation in Sierra Leone”, Memory Studies, Vol. 8, No. 2, (2015), pp. 242–254.
  • Govier, Trudy and Wilhelm Verwoerd, “Trust and the Problem of National Reconciliation”, Philosophy of the Social Sciences, Vol. 32 No. 2, (2002), pp. 178-205.
  • Hairston, Kimetta R, Dehumanization of the Black American Female: An American/Hawaiian Experience”, paces for Difference: An Interdisciplinary Journal, Vol. 1, No. 1, (2008), pp. 65-85.
  • Hazan, Pierre, “Measuring the Impact of Punishment and Forgiveness: A Framework for Evaluating Transitional Justice”, International Review of the Red Cross, Vol. 88, No. 861, (2006), pp. 19-47.
  • Javadi Arjamand, Mohammad Jaafar and Mehdi Mateen Javaid, (2007), "Study on the role of conflict resolution in international relations", Politics Quarterly, Journal of School of Law and Political Science, Volume 38, Number 1, pp. 15-38. (In Persian)
  • Kimberly, M. William, (2003), “The peace Approach to Violence prevention: A guide for Administrators and Teachers”, Maryland: Scarecrow Press.
  • Lambourne, Wendy, “Post-Conflict Peacebuilding: Meeting Human Needs for Justice and Reconciliation”, Peace, Conflict and Development, Issue Four, (2004), pp. 1-24.
  • Lederach, John Paul, (1997), “Building Peace: Sustainable Reconciliation in Divided Societies”, Washington, D.C: United States Institute of Peace Press.
  • Long, William and Peter Brecke, (2003), “War and Reconciliation: Reason and Emotion in Conflict Resolution”, Cambridge, Massachusetts press.
  • Mendeloff, David, “Truth-Seeking, Truth-Telling, and Post conflict Peacebuilding: Curb the Enthusiasm? Reflection, Evaluation, Integration”, International Studies Review, Vol. 6, No. 3, (2004), pp. 355-380.
  • Minkler, Janine, “Book Review: Lisa Schirch. Ritual and Symbol in Peacebuilding”, Genocide Studies and Prevention: An International Journal, Vol. 2, Iss. 2, Art. 9, (2007), pp. 195-197.
  • Mohammad Alipour, Farideh, Mohammadwali Modares and Seyed Samad Hosseini Vasoukalai, (2018), "Transformation in the apartheid political system in South Africa and peace building; Forgiveness or Revenge (1989-1999)? (Teachings for Iranian society)", Political Science Journal, 14th year, No. 2, pp. 165-196. (In Persian)
  • Parastesh, Reza and Seyed Shahabuddin Mousavizadeh Merkieh, (2017), "Criminal Justice Policy Evolution in the Light of Cultural Approach", Criminal Law Research Journal, Year 9, Number 1, pp. 31-7. (In Persian)
  • Report of the Secretary-General, “The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies”, United Nations Security Council (S/2004/616), (2004), pp. 1-24.
  • Ross, Marc Howard,“Theory and Practice of Conflict Resolution”, Peace and Conflict: Journal of Peace Psychology,  6, Iss. 1, (2000), pp. 85-87.
  • Rostami, Wali and Hossein Qobadi, (2017), "Distributive Justice, Efficiency and Termination of Labor Contract", Public Law Studies Quarterly, Volume 48, Number 1, pp. 83-65. (In Persian)
  • Schimmel, Solomon, (2002), “Wounds Not Healed by Time”, Oxford University Press.
  • Schirch, Lisa, (2005), “Ritual and Symbol in Peacebuilding”, Bloomfield: Kumarian Press, Inc.
  • Shyaka, Anastase, “The Rwandan Conflict Origin, Development, Exit Strategies”, The National Unity and Reconciliation Commission, (2004), pp. 1-45.
  • Sobhani, Mohin, (2016), "Efficient and Legitimate Mechanisms of Transitional Justice", Research Journal of Criminal Law, Year 8, Number 1, pp. 85-109. (In Persian)
  • Tabibzadeh, Pune and Reza Eslami, (2017), "The effect of restorative justice on the realization of the goals of transitional justice", Criminal Law Research Quarterly, 6th year, 23rd issue, pp. 247-213. (In Persian)
  • Zakarian, Mahdi and Seyed Rezi Emadi, (2017), "Challenges of Transitional Justice with Authoritarianism in Post-Mubarak Egypt", World Politics Quarterly, Volume 7, Number 4, pp. 206-173. (In Persian)
  • Zakarian, Mahdi and Seyedrezi Emadi, (2012), "Mechanisms and functions of transitional justice; An important development in international law", Quarterly of International Organizations, first year, number 1, pp. 256-222. (In Persian)
  • Zamani, Jafar and Ahmad Chorke Yekshweh, (2015), "The necessity of designing a space for peace with the approach of creating a sense of friendship (with the approach of conceptual and semantic art)", the third international research conference in science and technology, pp. 1-13. (In Persian)

 

 

Journal of Comparative Law
Volume 7, Issue 2 - Serial Number 12
October 2023
Pages 85-104

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History

  • Receive Date: 20 November 2022
  • Revise Date: 31 January 2023
  • Accept Date: 05 March 2023

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