The role of transitional justice and its mechanisms in confronting terrorist crimes

  • حسنين علي عنون
  • رشا علي جاسم
  • زينب عبد الحسن عيدان
Keywords: العدالة الانتقالية، الجرائم الإرهابية، التعويض، المصالحة.

Abstract

Establishing transitional justice depends on the mechanisms of telling the truth, restoring memory, investigation, institutional reform, trial, and compensation. Transitional justice in general, and transitional justice in terrorist crimes in particular, is the justice of the accumulation of actions between criminal and reconciliation justice, emphasizing the necessity of balancing goals with the need for reconciliation. This means the balance between partial justice, accountability, compensation, and the pursuit of social peace.

This type of justice is based on the mechanisms of trial and compensation, through the determinations in the normal criminal laws (procedural and substantive laws) or in the exceptional laws (such as the law on compensation for victims of terrorism).

 The application of this type of justice in terrorist crimes, because it is the most serious crime, especially after the great success of this type of justice in crimes and misdemeanors, including criminal reconciliation, criminal mediation, and criminal peace, as well as the success of trial, especially terrorist crimes, and the issuance of the Law of International Peace. And this is the order that can be applied in Iraq. Therefore, we will study according to the analytical descriptive method to explain the transitional justice system and the positive effects of acceptances in the face of terrorist crimes and the reduction of the growing threats, emphasizing the inability of the traditional criminal justice system to investigate the need for abolition.

 

 

Published
2025-03-04
How to Cite
عنونح., جاسمر., & عيدانز. (2025). The role of transitional justice and its mechanisms in confronting terrorist crimes. Al-Qadisiyah Journal For Humanities Sciences, 27(4), 657-684. Retrieved from https://www.journalart.qu.edu.iq.51-77-64-103.cpanel.site/index.php/QJHS/article/view/1020
Section
Articles