과도적 정의와 국제인권 관련 규범

Abstract

The Rule of Law and 'transitional justice' should be respected not only during the armed conflict, but also for post-conflict societies. The purpose of this article is to clarify the meaning of 'transitional justice' in international law analysing a possible interaction between 'international human rights' and 'transitional justice'. According to the official UN document, transitional justice is "an approach to systematic or massive violations of human rights that both provides redress to victims and creates or enhances opportunities for the transformation of the political systems, conflicts, and other conditions that may have been at the root of the abuses."This article examines first of all, the definition of 'transitional justice' and various modalities of its realization. 'Transitional justice' incorporates the full range of judicial and non-judicial measures to ensure accountability, serve justice, provide remedies to victims, promote healing and reconciliation, establish independent oversight of the security system and restore confidence in the institutions of the State and promote the rule of law. ‘Transitional justice' might be classified in two types according to its purpose: the 'past-oriented transitional justice' focus on punishment and compensation; the 'future-oriented transitional justice' aims reconciliation and peace-building of society. An eventual interaction between international human rights and 'transitional justice' can be done during the process of judicial and non-judicial measures to realize 'transitional justice'. These two mechanisms complement and strengthen reciprocally vice-versa. We should not forget that the 'legal justice' can be diluted in process of 'transitional justice' because of political considerations.