تحديات العدالة الانتقالية في المجتمعات المنقسمة الدروس المستفادة

Abstract

Mechanisms of transitional justice in divided societies face many challenges due toseveral limitations in such societies. The existence of such limitations results indifficulties in applying the justice mechanisms in their traditional legal form andinternational context. Consequently, inevitable failure in building a collective memoryand avoiding the application of the victor justice may occur. In addition, inadequacy ofavailable and imported solutions to the struggle environment, where in most cases thetransitional justice tends to be considered a bridge for regional and international projectsaway from the structural problem. This study provides lessons that can be useful to theArab societies, especially those who are experiencing a critical stage of democratictransition, which has not been peaceful but lead to violence and civil wars. This factrequires urgent discussion of transitional justice in the coming years.